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A FtTL-L. AND ACCURATE REPORT 



TRIAL FOR RIOT 

BEFORE THE MAYOR'S COUJ^T OF PHILADELPHIA, 

On the 131 h of October, 1831, 

ARISING OUT OF 

ON THE 12th OF JULY, 

AND IN WHICH THE CONTENDING PARTIES WERE 

PROTESTANTS A]\D ROMAN CATHOLICS. 



INCLUDING THE INDICTMENTS, EXAMINATION OF WITNESSES, SPEECHES OF COUNSEU 
aCCOKDER'S CHARGE, VERDICT AND SENTENCES. 



TAKEN IN SHORTHAND DURING THE TRIAL. 



PHILADELPHM: 

JESPER HARDING, PRINTER. 
1831 



'03 



TRIAL, FOR RIOT. 



■Ox Thursday, the 13th day of October, last, this most interesting 
trial was commenced in the Mayor's Court, in the city of Philadelphia, 
before their Honours the Recorder and Mayor, and Aldermen Duane, 
Pettit, and M'Kean, when the following jury was sworn: — 

Charles Dean, Philip Mingle, 

William Taylor, WilUam Wallace, 

Stokes Tomlin, Samuel Craig, 

W. H. Smith, Robert Wei ford, 

George Scott, Matthew Chambers, 

Rufus L. Barnes, J. C. Douglas. 

It is necessary to state, that this case involves two prosecutions, each 
for riot, in the nature of a charge, and cross charge; one being at the 
suit of the Roman Catholics against the Protestants, the other at the, 
suit of the Protestants against the Roman Catholics: both issues were 
given to the jury. 

Counsel for the Protestants — David Paul Brown, Joseph R. Ingersoll, 
and 11. liubbell. Esquires. 

Counsel for Roman Catholics— Geo. M. Dallas, Wm. Sampson, (who 
was special, from New York,) and W. W. Haly, Esquires. 

A short discussion took place between the respective counsel, as to 
which trial should take precedence; when the Court directed that 
against the Protestants should be first gone into. 

Patrick Reilly, Patrick Laffertv, Edmond Schooley, Neal Harkan, Ed- 
ward Devin, William O'Reynolds, Bryan Mount, John M'Nally, 
Anthony M'Convill, James Duffy, William Fox, Barney Brown, James 
Oliver, Francis Reilly, Patrick Brady, and Hugh Flanagan, 

versus 
Britton Evans, James Carrick, Pvobert Elliott, and Andrew jNI'Carron. 
The indictments having been read, to which the defendants pleaded 
the general issue, 

Mr. Haly, as counsel for the prosecution, opened the case by stating 
that the indictment charged the defendants with unlawfully assembling 
in this city, and having so unlawfully assembled, did make and cause a 
riot against the peace of the commonwealth, &c.; that it was not a case 
of ordinary character, but one accompanied by circumstances very un- 
usually brought under the consideration of a court of justice; it was 
fraught with intolerance and provocation on the part of the defendants, 
as he would sufficiently prove ia the course of the investigation. It 
was a case involving the peace and happiness of the community in which 



vvc lived, and it was required at the hands of the jury, hy this prose- 
cution, and hy the commonwealth, through their verdict, to suppress 
such processions in this country, as had a tendency to disturb the quiet 
and concord of society. 

It would appear in evidence, that the defendants and others consti- 
tuted a Society, under the name of Gideonites, wearing badges and 
emblems, but better known in the country where it originated by the 
name of Orange; that these men had previously arranged and premedi- 
tated this assemblage, and having provided themselves with arms, level- 
ed them against certain persons there on that occasion ; that they had 
assailed and reviled them with taunts, for the purpose of insulting them, 
and triumphing over Catholicity, and with conduct calculated to pro- 
duce terror and dismay, paraded this city, on the 12th of July, last, in 
different directions — by their looks and g,enerai deportment, taunting 
those around them, thereby committing a breach of the peace. 

That this procession afterwards moved to the Odd Fellows' Hall, in 
Fifth street, where they were to dine. The Mayor having been called 
on, and informed of the likelihood of a riot ensuing, was anxious to dis- 
perse the procession, and with that view went to the Hall, and cautioned 
the President of the Society; who promised his honour, that they would 
separate peaceably in half an hour: but, instead of so doing, moved 
therefrom in a body, with their weapons in formidable array, which, at 
the door, they brandished, and marched down Fifth street with a cha- 
racter that denoted their hostile and evil intentions; as by carrying 
swords, and playing anti-repubhcan tunes, such as the " Boyne Water," 
they caused and promoted a riot, wherein the life of one person, of the 
name of Flanagan, was jeopardized, and others severely injured. That 
man was peaceably occupied in surveying with curiosity and astonish- 
ment a spectacle that was so novel to him, and being attracted towards 
the spot, though anxious to avoid any participation in the disturbance, 
but frightened at their menacing appearance, was returning, when he 
was struck a blow of a sword by one of the partv: another individual 
was similarly treated. That this body, composing the procession, pre- 
meditated the meeting for the purposes of hostility; and that they be- 
longed to a wicked and malignant institution, formed for the purpose of 
insulting and triumphing over Roman Catholics; the tendency of such 
institutions, must be ever injurious in a free and tolerating country like 
this, where Protestants and Catholics, Presbyterians and Seceders, are 
allowed the free exercise of their religious opinions ; the evils from this 
hydra-headed monster must be evident to the conviction of every rea- 
sonable mind, and its tendency that of disturbing the peace and hap- 
piness of society. 

The first witness called, was 

Hugh Flanagan. Sw(5rn— examined by Mr. Haly, states that on 
the 12th of July, last, witness went from his work in Spruce street, to 
Sixth street, to get some money which was due to him; and when re- 
turning, sa^y a crowd in Lombard street, which he joined, and went 
with it to Pine street, where witness saw the procession, with swords. 
Witness was returning, and when crossing Pine street, was struck with 



a drawn sword, across the neck, by Britton Evans. Witness defended 
himself by throwing up his liand — received several blows on his arm. 
Witness also got a cut on the head, of a sword — but cannot swear 
it was from Evans: as witness was falling Evans made a thrust at 
him which struck him in the ribs — could show the mark — it grazed 
him. Evans drew his sword and struck him while getting up, which 
made him stagger back ; witness lay on the street and was blinded 
with blood; being insensible does not know what happened afterwards 
— the first thing witness remembers, is two men being at his side, who 
took him to the hospital, where he remained until the 7th of Septem- 
ber : the two men were strangers — others struck him besides Evans, 
but witness does not know them. 

Witness was struck by a sword — it was not Evans who struck wit- 
ness on the head. Witness saw a great many in the procession, could 
not say how many ; they walked two and two — saw Evans at the head; 
about a dozen carried swords more or Jess ; saw badges and ribands on 
them of an orange colour. Witness did not see any blows struck at 
any others ; there was a great tumult. 

Several swords with belts, &c. were here brought into court by Wil- 
lis H. Blaney, high constable. 

Cross-examined by Mr. Hubbell. Witness heard the sound of music 
from Lombard street, where he boarded ; it appeared to be a drum — 
could not tell if there was any other music — the sound came from the 
drum of course; saw the crowd afterwards, and then he saw the drum 
and fife and other kinds of instruments, but could not describe them ; 
can swear to the drum and fife ; the music was played by white men. 
When witness got to the crowd, saw several in the procession ; saw 
about a dozen with swords in Fifth street, and a crowd at the other 
side of the street and behind them ; did not see any stones thrown. 

By Mr. Brow;i. Witness expected to get money that day from 
John Daly, who lived in Sixth street; called at Daly's; it was on 
his return from Daly's witness met the crowd; it was then about 
four o'clock — witness stopped at several houses in the course of the 
day; had conversations there, but does not know^ what they were 
about. Witness did not know the procession was walking at that time. 
Witness is a labourer — only drank one glass of gin that day, and that 
was by himself. Witness spoke to different persons during the time : 
did not speak to Mr. Evans or any of the defendants ; did not speak to 
Mr. Carrick, nor to Neal Harkan, nor to Patrick Reilly ; did not speak 
to any of the gathering that day ; witness went down Lombard as far 
as Fifth street, and could not pass Pine street in consequence of the 
crowd; witness then turned to go up Pine street, the crowd was going 
the same way ; witness had not any thing in his hand : often had a thing 
in his hand — had nothing for fighting in his hand. Witness had a glass in 
his hand at Kerns' ; witness had nothing in his hand when he met the 
crowd, until he saw the men, and then he had one of their arms in his 
hand. Mr. Evans was coming along by his side as he passed ; witness did 
not see any blow struck by any person before he was struck ; did not see 
the crowd with any sticks or stones or bottles ; witness did not see any 



person who he knew on the opposite side ; when witness received the 
blow he made two strokes of his hand to catch it; did not get a chance 
to get away — did not look for a chance, as he saw such numbers be- 
hind and before ; witness then knew»an assembly of men were gathered 
— did not know what religion or party they were of — was told it that 
evening ; did not until then know what they were, but heard they were 
Gideonites, or Orangemen ; was told, in the hospital and on the way 
there, but does not know by whom ; did not see any blows, though they 
might have been all round him ; witness knows none of the defendants; 
none of them called at the hospital ; did not see any of his party that 
day. 

Jacob Albright sworn-<-examined by Mr. Haly. Witness on the 
12th of July, last, was going down Second street, when he heard some 
music — did not know that squire Evans was at the head of the proces- 
sion — witness was called on by John Coulter, to attend the door at the Odd 
Fellows' Hall — knew that Mr. E^'Ylns was a magistrate, but did not know 
he was an Orangeman. Witness also saw Jerry Saunders there, with 
a drawn sword, and others whom he knew; witness waited till the pro- 
cession passed, when he went to the Farmers' and Mechanics' Bank, and 
afterwards met the procession in Chesnut street, going down Fourth — 
saw the same person in the procession who was wdth Coulter; witness 
was struck in the breast by that man with his fist; witness collared him, 
and brought him to the Mayor's Office; had no previous knowledge of 
him; does not know him now; he was arm in arm in the procession — 
he had no badge on. Witness saw several badges and sashes on when 
he first saw them; several of those in the procession had cravats on, 
of a reddish yellow^ colour; they had drums, clarionets, and other instru- 
ments; when witness brought the person to the office, the Mayor was 
not there; saw Mr. Cash, the Clerk, who Went with witness down to 
the riot; the prisoner was let go. Several persons from the office went 
with them to the Hall; \vitness saw a man at the Hall who had a bay- 
onet; he made a plunge of it at witness; witness was struck several blows 
by a person who followed him. Witness fell twice, and lay insensible on the 
flags. Witness saw the man who struck him; when witness recovered, he 
found himself at a tavern at the corner of Fifth and Prune streets. 
Witness saw some of the persons belonging to the procession ; knows 
between forty and fifty of them by sight. [Witness here identifies Ro- 
bert Elliott as one.] Witness saw Evans, particularly, at the head of 
the procession; witness observed insulting looks amongst those composing 
the procession. 

Cross-examined by Mr. Hubbell. Witness has no animosity against 
Mr. Evans, although Evans has tried to injure him. Witness was in 
Mr. Evans' ofiice last evening; had no conversation with him about the 
12th of July. Witness did not, on that day, call Evans a " a damn'd ras- 
cal;'" did not say any thing to him; a gentleman asked witness that day, 
at a hotel in Second street, who that military looking man was. Wit- 
ness replied, '• that was Britton Evans, a magistrate of the county of 
Philadelphia ;" did not say — " there goes Britton Evans, a damri'd 
rascal f did not take any other prisoner that day; witness would know 



the person who struck him — it was not Patrick lleilly; witness would 
not know the person who struck him over tlie eye; witness was also 
struck by a person with a piece of stick — would not know him. 

By Mr. Ingersoll. There were fifteen or twenty squads standing in 
front of the Hall; when witness saw them first, there were about two or 
three hundred persons in the procession; the Hall was afterwards closed, 
and some of them remained outside ; saw about a dozen meij in the pro- 
cession in Second street with swords ; they had them drawn ; those having 
swords, were scattered through the procession. 

Re-examined by Mr. Dallas. They had particular badges. [Wit- 
ness identifies a sword exhibited in Court, as one used in the procession.] 
When witness made the man a prisoner, the procession had nearly 
passed by; did not notice whether he or his companions had any sword 
or badge. 

Nicholas M'Intire sworn — examined by Mr. Hily. Witness met the 
procession at the corner of Fifth andChesnut; went up to Race street with 
them to the Hall — and saw persons wrangling and quarrelling; saw some 
men striking at Anthony M'Convill and Patrick Brady; saw some of the 
procession with bunches of riband in their breasts; heard music in the 
Hall, and saw them walk in procession. When witness first saw them, they 
w^ere wielding their swords; witness observed much confusion on both 
sides ; knew Mr. Evans, who was at the head of them, and knew several 
of them by sight; saw Elliott with a sash and bunches of riband; did not 
see the other defendant; saw things thrown at the corner of Fifth and 
Pine streets ; saw Flanagan with his coat off; saw much fighting through- 
out each other; saw Flanagan struck, about two rods from the corner, 
by two or three men with naked swords ; saw Evans strike him twice ; 
Evans made a thrust at him in the side with his sword; the mob then 
went up Pine street as far as Sixth or Seventh; saw the Mayor on 
horseback among the mob; witness did not know any of the others who 
struck at Flanagan; heard music, but did not know what tunes were 
played. 

Cross-examined by Mr. Brown. Witness lives in the Northern Liber- 
ties; heard before he left home, that the Orangemen were out, and, as 
he never saw any of them in the old country, went to see what they 
were like; was told of their being out by one Owen Brady; Charley 
Grant went with the witness; and on the way met several acquaint- 
ances from his neighbourhood, who went also to see it; saw Patrick 
Reilly, Patrick Lafferty, John M'JMulty, Anthony M'Convill, James'Fox, 
James Oliver, Francis Reilly, and Patrick Brady there; witness followed; 
had conversations with several; had a conversation with Flanagan, and 
with others, which the witness does not think necessary to state; talked 
about the walking, and thought it was very curious to see them here, 
when he never saw them in the old country; did not see any of the 
persons with clubs or weapons with them; saw several brickbats and 
stones thrown from the sides of the street, and throughout; refused to 
say if he had any thing in his own hands. 

Mary Seiner sworn — examined by Mr. Haly. Witness resides in 



8 • 

Pine street, near Fifth. About 3 o'clock on the 12th of July last, was 
told that there was a great row in Walnut street among the Orangemen ; 
witness went to the Odd Fellows' Hall, and heard some music playing, 
and healths drinking; did not know the name of the tunes. Witness 
went up to the State House, and afterwards returned to the Hall; 
standing opposite to which she saw the procession coming out ; some per- 
sons belonging to it had swords; saw Jerry Saunders there; witness saw 
them walk along, and thought their swords looked like those used by 
the English and Hessians at the time of the war; the boys commenced 
hooting, and witness desired them not to disturb "the procession while 
they walked peaceably. They walked towards Prune street, and the 
boys and men hooted when they got opposite to the Quaker burying 
ground. A man with a blue coat flourished his sword, and gave di- 
rections to the rest; the crowd then began to throw stones; the rirst was 
thrown by an old gray headed man, who had his arm in a sling, who she 
saw lift two paving stones; previous to this, several of the Orangemen 
rushed amongst the people; witness in stopping the old man from throw- 
ing the stones, pulled him down, and fell over him ; witness escaped into 
Mr. Murray's shop, into which an Orangeman followed a person who 
ran in; witness then went home to her house, where two men, one of 
whom was wounded, and the other with a bundle of books, sought pro- 
tection. Witness locked the men and her children up in a room ; wit- 
ness then went out, and saw the people taking up bricks — took one from 
a man, and prevented him from fighting; towards the corner of Pine 
and Fifth, witness saw three or four lying down, and six or seven with 
their swords glittering: witness then went over to Murray's store, and 
there saw a man lying on the ground, and Evans over him with a drawn 
sword; witness said, " don't cut the man's throat — he is murdered al- 
readyy'' and asked the people if they would not take the sword from 
him — and wondered the military were not there to fire; witness had a 
great notion to take the sword from him herself — it looked so like a man 
that had no blood in his own carcass. Witness thought at the time, she 
could face twenty soldiers; was born in the year '7(5, and has some good 
blood in her veins; witness went home, where she saw one of the men 
who had been stabbed; she said they should go their way, as there were 
no men round the door; the six or seven men who stood over the others, 
were separated from the remainder; never saw Mr. Evans before or 
after, imtil in the oflice; could not identify any of the others; asked the 
wounded man, whom she protected, if he were an Orangeman — but he 
did not inform her; the riot was ended between 4 and 5 o'clock. 

Cross-examined by Mr. Brown. Looked through the window of the 
Hall, and saw them drinking toasts; saw Saunders walking alone with 
some men towards Pine street; at the same time the others were going 
in that direction; could not swear he was in the procession; the first 
throwing was when Evans waived his sword; did not see any attempt 
on the part of the Orangemen until after the stones were thrown; saw 
bottles thrown, but could not tell where they came from; did not see 
any one with a hatchet: did not see any of the procession knocked down, 
but saw the persons belonging to the procession knock the others down; 



saw one of them knock down a man — does not know liis name — did not 
see any of the parties since; she never saw such a tiling in tliis coun- 
try heforc; did not see any of the procession throw stones; does not know 
whether those she took the stones from, were Orangemen or not; does 
not know Flanagan or M'lntire; was hrought up a Lutheran — but all 
religions are alike to her; is not a Roman Catiiolic; witness was sub- 
ptrnaed by a constable; her daughter's name was put into it by mis- 
take; told the constable she knew more about it than her daughter; 
after the Orangemen left the ground, the mob remained. 

By Mr. IngersoU — the man who waived his sword, to whom she re- 
ferred, was towards the middle of the procession. 

Re-examined by Mr. Dallas. The insult given by the man with his 
sword, was the cause of the riot; the Orangemen rushed into the crowd 
when the stones were thrown. 

Felix M'Donndl sworn — examined by Mr. Haly. Witness was 
knocking about on that day, the l"-2th of July — went to the Hall to see 
the procession, as he never saw one before ; the first man he saw come 
out was Evans — they went to the corner of Fifth and Pine — saw stones 
.thrown at both sides — cannot say who threw first ; witness saw Flana- 
gan struck b}'- Evans and Elliott; saw others strike him — there might 
be fifteen or sixteen with naked swords. Flanagan ran across the street 
and fell twice ; witness assisted him ; Flanagan was not armed — it was 
the first time he had seen him — he was covered with blood ; witness 
thought his head was oiF. Witness saw white belts, but did not see any 
orange ribands — heard them pkiy in the Hall a tune that belongs to 
this country. 

Cross-examined by Mr. Hubbell. Witness lives on the Germantown 
road — knew there were such meetings in Ireland, but was surprised to 
see it in America; went by himself. Witness is of so many persuasions he 
cannot tell what he is ; does not care for any persuasion except liberty; 
knows Ncal Harkan, and saw many on both sides who he knew. Saw 
Charles White; saw plenty of stones and brickbats thrown on both sides; 
can't say who threw them ; witness conversed with many, but does not 
know what side they belonged to. Witness has worked at so many trades, 
does not know to which he belongs; witness took part in the transaction 
after Flanagan was cut ; thought he was then authorized to do so — and 
would have used his strength against them if he caught them ; if he 
had a weapon he would have used it. 

Terence Devit sworn — examined by Mr. Haly. Witness saw the 
procession come out of the Odd Fellows' Hall, on the I'^thof July, last; 
several of them had swords — they drew them out of the sheaths and 
went down Fifth street; did not see either colours or band — only knew 
Evans in the procession — did not see the riot — followed them and saw 
a man lying on the pavement in Pine street, cut over the eye — did not 
know him. 

Cross-examined^by Mr. Brown. Saw them draw the swords, on their 
cominc; out of the Hall. 

IVillis H. Blaney, high constable, sworn — examined by Mr. Haly. 
Witness first went to the Hall with the mayor, with whom he shortly. 



o 



10 

after went away ; returned to the Hall at the time the procession ww3 
moving out. Saunders and squire Evans was( at the head of the pro- 
cession : when four tiles had got out one of them with a sword called 
out, " three cheers for king fVilliam'' — there was a crowd on the 
opposite side — an order was given by the procession to arm themselves; 
saw stones with some of the crowd— saw stones flung on both sides; the 
procession stopped at Spruce street, and supplied themselves with coal; 
the battle became hot and they ran ; witness saw captain Barger, and 
beino- determined to seize the ringleaders, in going towards Evans whom 
he saw strike a man with a sword, was knocked down by a kick ; never 
saw the person who kicked him until now; [witness here identifies 
Elliott ;] saw a man dressed in black lying apparently dead in Pine 
street. Witness sent M'Cormick down' for the marines, but they dis- 
persed before their arrival ; observed Saunders waiving his sword about 
—thinks there were two hundred and fifty in the procession in the fore- 
noon, and about sixty at dinner time; did not see Flanagan or any of 
the other defendants. 

Cross-examined by Mr. Brown. There were about one hundred and 
fifty persons outside the Hall when witness went there first; saw no 
indication of violence at that time; the procession told witness and the 
mayor they would not wear their badges going out. Witness knows 
Saunders — never saw Elhott before that day; [witness here indentifies 
Saunders;] he (Saunders) had a sword — will not say he had a badge — 
the procession had not so many badges when they left the Hall ; does 
not recollect music — saw clubs and sticks with the people who kept 
side by side with them, while the crowd increased in number. About 
five or six of the mob had stones in their hands, when the procession 
was coming out; they had their coats off and called out " prepare your- 
selves." Witness did not see the procession do any thing until stones 
were thrown ; the persons of the procession told witness they wanted 
to go quietly home; the man who said " Hurrah for king Wilham," 
was a small man with a belt ; witness saw eight or ten of the mob with 
stones : several taunts were used to the procession, also curses and damn- 
ing; the procession flung stones as well as the others. 

John Keeler sworn — examined by Mr. Haly. Witness was going 
down Pine street, on the 12th of July, last, and saw a great crowd at 
the corner of Fifth and Pine streets ; saw Britton Evans at the head of 
these king's men, as they are called, who with others were chopping 
away at a man; they afterwards ran away to avoid the brickbats and 
stone coal that were throwing; saw about a dozen or fifteen with naked 
swords — cannot identify any of the defendants on trial — thinks the man 
who Evans struck had a blue coat on — thinks Evans gave him eight or 
ten cuts of the sword; heard he was dead; Evans and tv^o others were 
all chopping away as fast as they could. 

Cross-examined by Mr. Brown. Witness saw brickbats and stone 
coal thrown : knows Neal Harkan, but did not sec him there. 

John Ankara sworn — examined by Mr. Haly. Saw a crowd going 
along Fifth street, on the 12th of July, last ; sav/ some persons drinking 
at the Hall — heard a man say, inside, " Now for it, let us go offf 



11 

thinks it was Evans; saw the procession come out of the Hall, and Evans 
with his sword drawn ; gave a flourish — turned round — and every man 
drew his sword, and flung their swords on their shoulders, like men de- 
termined to do something. Saw Evans speak to the men, on which 
those with swords came in front; and heard one of them say, " the first 
man they ivould meet he luould killf and heard another " hurrah 
for kijig Geoy^ge" — and said that " he ivould have his rights.''^ Wit- 
ness saw Evans again flourish his sword, on which they attacked the 
people as fast as they came up ; thinks one sword was broken ; witness 
saw Evans plunge his sword into Flanagan's breast. Before Evans came 
up, saw two men cutting at Flanagan's head — saw a man lying on his 
back wounded. 

Examined by Mr. Dallas. Witness was in the alley close to the Hall, 
for fifteen minutes, while the procession was in, when he heard Evans 
speak — they put on their swords between the Odd Fellows' Hall and 
Prune street ; the persons of the procession were drinking and smoak- 
ing while the music was playing — cannot tell which side threw the 
stones first — the Catholic party threw the most. Several of the pro- 
cession drew their swords in the Hall — saw one man draw his finger 
across the edge. 

• Cross-examined by Mr. Brown. He was an Orangeman who wore 
an orange badge. Witness was knbcked Aown by three men; saw 
brickbats thrown, and several of those with swords dashing across the 
street. 

Williayn Loughry sworn — examined by Mr. Haly. Stopped at 
Cannon's, in Fifth street, about one o'clock, on the 12th of July, last; 
the procession was going to the Hall ; a person near witness observed, 
" are not those men GideonitcsV one of them overheard him — re- 
plied, " you rascal what is it to you'' — the other then said, " well, 
ivhat are you?'' to which he replied, " We're king's men at any rate.''' 
This person had ribands on his breast — a tight commenced, when witness 
saw three of the Orangemen beat Brady. Witness saw brickbats thrown, 
but does not know by whom — does not know what tunes they played. 

Cross-examined by Mr. Brown. Witness did not hear the mob abuse 
the procession. Witness heard that Isaac Abraham was to preach for 
them on a barrel — heard so from witness' uncle, William Cannon ; saw 
them fight. Saw Neal Harkan scolding like the mischief about Orange 
processions in this country. Heard the procession abused — heard Har- 
kan say " they must be rascals or they would not do so." Witness 
refused to say if he abused them. Saw Patrick Pveilly and Patrick 
Brady — also saw Andrew M'Carron there, who stated " he was an 
Ora?igeman and would support it. Witness is called a Catholic — 
goes to every place — has no particular persuasion. 

Henry Crilly sworn — examined by Mr. Haly. We saw the proces- 
sion in Second street, at about 4 o'clock, on the 12th of July, last ; those in 
front had naked swords — there were about one hundred, and some of them 
wore coloured ribands. Witness knew several of them ; they were the 
lowest description in society. Some of them were new comers, and had 
declared in witness' neighbourhood, they would not become citizens. 



12 

Saw two persons there who he thinks were Evans and ElUott, in the 
advance ; saw no mob. 

Cross-examined by Mr. Bro?ni. Witness is a citizen ten years; is twenty 
years in this country ; the procession seemed to be composed of persons 
who did not know how to carry themselves properly through the streets ; 
did not see any of the lower orders there except the procession ; they did 
not walk quite as regular as Quakers ; they played the Protestant Boys ; . 
did not see them commit any act of violence ; they were so low, witness 
would not associate with them. 

Herman Bokum sworn — examined by Mr. Haly. About half-past 
5 o'clock, on the 12th of July, last, a man came into witness's school room, 
in Eighth street, to seek protection from the mob ; he had a sword and 
badge, or riband ; threw off his sword into a closet in the room, and en- 
deavoured to hide himself. [Witness here identifies Robert Elliott as the 
person.] He told witness there had been a fight ; that he belonged to a 
procession, which had been attacked and overpowered by the mob ; that 
they were pursuing him, and if they caught him he would be killed ; he 
showed much fear ; and told witness he believed some were killed ; Elliott 
continued in the greatest fear, until a constable arrived, to whom witness 
deUvered Elliott. He told witness, if delivered up he was afraid he would 
be punished — that he and the procession were compelled to defend them- 
selves. Elliott was in such an unquiet state of mind, that witness could not 
draw any correct inference from the account he gave of the transaction. 
Witness will swear he said he was obliged to defend himself. His sword 
was examined by the constable, but no blood was found on it. Witness 
understood that persons in both parties might have been killed, from his 
expression. Elliott told witness the procession had been mocked at by 
the mob, and that the activity of the procession was merely defensive. 

Cross-examined by Mr. Brown. Thirty or forty persons followed Elliott 
to the door, some of them came up the stairs ; they did not open his room 
door. Elliott appeared anxious to be given up to the authorities, and 
was fearful of being ill treated if he got into the hands of the mob ; told 
witness the procession was mobbed as they went to the Hall. It was in 
broken sentences he described the transaction, first saying they had been 
mocked, then that they were attacked in large numbers, and that they 
defended themselves. 

William Barger sworn — examined by Mr. Haly. Witness belongs 
to the police. Between 3 and 4 o'clock, P. M. on the 12th of July, last, 
received information that a riot was apprehended in the neighbourhood 
of the Odd Fellows' Hall. When going there in company with Parker, 
at the corner of Walnut street, saw a man waiving a bayonet in the 
middle of the street ; witness desired him to retire, when he was joined 
by others, which made him more furious than ever. Witness received 
a blow ; but does not know from whom ; all was quiet until between 
5 and G o'clock, when the procession were coming out of the Hall 
with drawn swords. Witness saw M'Carron acting fooUshly, and told 
him so. The rear of the procession was passing Prune street, when witness 
saw a stone thrown from the east side of the street across; the procession 
was on the west ; saw brickbats and coal thrown. Witness, with D. W. 



13 

Ingleman, one of the watch, followed the procession and mob to the corner 
of Fifth and Pme, when witness saw three of the procession playing away 
with their swords on the head of an individual. Witness went up to him, 
when the three men lied ; witness saw a man weltering in his blood ; 
does not know if it was the same. Witness saw one person there with 
a smith's hammer, from three to five pounds weight. Witness went to 
Locust above Seventh, and there found concealed, in shavings, under a 
carpenter's bench, a man who witness [identifies Carrick] brought 
before the Mayor, and he was bound over. Carrick told witness he had 
previously thrown his sword into the tavern close by ; it was afterwards 
got there. 

Cross-examined by Mr. Brown. Witness received a blow before the 
procession came out of the Hall, cannot say it was a blow, or something 
thrown at him : cannot say it was a bayonet he saw with the person in 
the street ; saw those who wore ribands throwing stones, but the first 
stone was thrown from the east side to the west. Witness asked Carrick 
if he was one of the rioters; he replied, that he was pursued; he made no 
opposition to go with witness; from the time the man with the bayonet 
was taken away, until the procession came out of the Hall, all was 
quietness. 

John MGiirk sworn— examined by Mr. Haly. Witness went to see 
the Orange procession on the 12th of July, last. Witness stood on some 
boards close to the Hall ; when they were inside, at dinner, heard tunes 
played, and toasts drank ; saw the procession come out — their swords 
were then in their scabbards; down Fifth street, between Spruce and 
Pine, one of them gave the word to draw swords, on which they did so; 
no assault was commenced until they drew their swords; they were two 
deep; the first four had swords, and the middle four had also swords; saw 
no threatening manner; saw the affray; did not know an individual; saw 
one man in the Hall with his coat ofi'; he gave a toast, part of which 
was the "United States;" at the corner of Fifth and Pine, saw a man 
on his back, dreadfully mangled; saw three or four persons of the pro- 
cession using tiieir swords there, then. 

Cross-examined by Mr. Brown. When witness looked into the Hall, 
they were drinking in a quiet, orderly manner ; they walked out of the 
Hall quietly; saw a man with his arm in a sling, as they were going 
out; he went up to them, waived his hand, and spoke to them; he had 
been riotous; did not see any weapons with those outside, but saw per- 
sons with brickbats and stones, after the procession drew their swords. 

By Mr. IngersoU. There was no assault until the swords were drawn, 
and the stones were from the east side. 

James Byrne sworn — examined by Mr. Hal}' . On the r2th of July, 
last, witness saw a m.ob on one side of Fifth street, and the Orangemen 
on the other; saw a man struck by three— one of them, when he struck, 
laid him as if for dead. Mr. Marseilles, though belonging to the pro- 
cession, was struck by mistake. Flanagan was struck on the neck ; 
witness thought his head was taken olf; there were three or four on 
him ; brickbats were thrown from both sides. 

By Mr. Dallas. Did not see Flanagan do any thing before he was 



14 

struck 5 did not see him until on the ground. Witness did not see Evans 
strike Flanagan — only saw him strike Marseilles. 

Cross-examined by Mr. Brown. Saw the procession fkst in Second 
street, and afterwards at "the corner of Fifth and Fine; saw the crowd 
at the N. E. corner — the procession was at the west; saw the crowd 
tearing up the brickbats; saw nothing thrown until Marseilles was down; 
he was struck by Evans as he was rushing towards the procession, to 
which he belonged, whether for protection or not, witness does not know. 

JMordecai Cullen s\Vorn — examined by Mr. Haly. On the 12th of 
July, last, witness, in company with Mr. Devit, went into Cannon's, in 
Fifth street, nearly opposite the Odd Fellows' Hall; witness observed 
much whispering in the room; a great crowd was assembled outside, and 
shortly after witness saw the leaders of the Orange society come down 
the steps. Four of them drew, and brandished their swords a few feet 
from the door; the others followed, two and two; the rear of the pro- 
cession, after coming out, drew theirs with a brandish; witness at the 
same moment saw bricks thrown at their rear; one of them got struck; 
saw fighting, and coal tlyowing towards Prune street; at Pine street saw 
a man dressed in black, lying senseless on the ground. [Witness here 
identifies Andrew M'Carron;] considered him to be the cause of much 
disturbance outside the Hall; he was not in the procession, but under- 
stands he is an Orangeman; he had his arm in a sling, and seemed very 
actively engaged; their manner generally, and brandishing their swords, 
was calculated to intimidate ; witness saw no badges, nor heard any tunes. 

Cross-examined by Mr. Brown. Witness remained in Cannon's un- 
til the procession had passed; could see what happened opposite, but 
not to his right and left on the same side; did not see any of the proces- 
sion do any thing up to this time; there were three or four hundred in 
the crowd ; did not see the pavement torn up, nor any one with a bay- 
onet; does not consider a brickbat a deadly weapon; saw no shillelahs 
there; the procession was received with great clamour coming out; does 
not know whether it was of praise or abuse; saw a rush from the east 
side on the rear of the procession; the man who received the blow of the 
brickbat, had a sword; witness followed the tail of the crowd, which, by 
this time, was nearly treble; the crowd was behind, before, and beside 
the procession. 

Hu^h 0' Donnel s\Novn — examined by Mr. Haly. Witness went to- 
the church in Second street, to hear the oration which he understood 
was to be delivered to the Gideonite Society; the Rev. Mr. Ashtonwas 
addressing the body when witness got hito the church ; the persons of the 
procession were dressed with badges of different colours on their coats; 
some deep purple; does not know orange colour; they had ribands in 
the button holes of their coats; they were of a reddish yellow colour; 
did not hear the music; saw them go out of church; did not follow them 
above Plum. 

Francis Carlton sworn— examined by Mr. Haly. On the 12th of 
July, last, witness saw the procession at the Hall; some of them had 
orange ribands in their button holes; saw one man with an orange ri- 
band tied round his finger, putting it up to the people's noses, asking 



15 

them how they liked it. [Witness here identifies Andrew M'Carron.] 
He kept doing so for an hour — he shook it under witness' face; when 
the processioncame out, M'Carron clapped one of them on the back, and 
waived the orange riband over his head; saw liim get into a fight; he 
afterwards followed the procession. 

Cross-examined by Mr. Brown. Cannot tell which of M'Carron's 
hands the orange riband was on ; did not notice the swords of the pro- 
cession on their coming out. Witness heard the Orangemen were to 
walk, and therefore went to see them; does not know if he knocked off 
work for that purpose; can't tell who told witness the Orangemen were 
to walk; had seen them in Ireland, but never here. 

William Nelson sworn — examined by Mr. Haly. On the 12th of 
July, last, witness saw, on the upper side of Pine street, a crowd of men 
with swords, and on the opposite side a crowd also. Saw a man strjick 
with a sword — does not know him; the second person who struck him 
was Elliott — he struck him on the arm near the guard ; there was a 
man about the size of Evans — does not know if it was him — he had on 
a scarf. Then Elliott ran up Pine to Eighth street — witness followed 
him up a small street, between Locust and Walnut, where he ran into 
a schoolmaster's house. Witness remained at the door, and afterwards 
went up with an officer, when Elliott denied having a sword, but which 
was afterwards found. 

Cross-examined by Mr. Brown. No person went with witness in pur- 
suit of Elliott; no one was with witness^ there, at the time; "no one 
went up stairs till the officer came — told the schoolmaster not to let 
him go. Witness' religion is like the Irishman's horse, works all the 
week and goes idle on Sunday; was brought up a Presbyterian — ^is now 
a Roman Catholic — is between twenty-one and twenty-two years of 
age. 

The case for the first prosecution having here closed, the plaintiffs 
then became defendants in the second. 



Britton Evans and others, plaintiffs, 

versus 
Patrick Reilly and others, defendants. 

Mr. Hubbell, as opening counsel for this prosecution, addressed the 
Court ; and, after detailing the nature of the indictments against the 
defendants, stated, that it devolved on him to present to their view a 
case, the facts and circumstances of which he would show, had origi- 
nated with, and been commenced by, the very defendants themselves. 
Counsel would show how measures were inflicted on the prosecutors, 
in this case, without the slightest provocation on their part ; and pur- 
sued against them, until further forbearance would have been a crime, 
not only to themselves, but to society; and when the jury had heard the 



16 

evidence in support of that fact, he felt no doubt they would be satisfied 
that this case presented a very diiferent aspect from that instituted by 
the others. Counsel stated he felt some degree of embarrassment in 
opening this case, not from a want of sufficient evidence, but from a 
fear that he might omit those minute circumstances of proof which 
ought to be detailed; but he would assiduously endeavour to bring 
every fact clearly to the minds of the jury. 

On the 3d of June, last, a number of Protestants, conscientiously im- 
pressed with the importance of the Protestant cause, as effected at the 
Revolution in the year 1689, and in relation to the Protestant cause 
throughout the whole world, determined, for the purpose of expressing 
their gratitude to Divine Providence for the blessings they enjoyed 
through its means, to celebrate the event by assembling, not as Gide- 
onites or Orangemen, but as Protestants, without distinction of nation, 
sect or society. Counsel considered it fortunate that they had preserved 
a notice of that meeting, and the resolution passed thereat ; by which 
it would appear throughout, that they not only exhibited forbearance, 
and a desire to avoid hostility, but a strict regard and observance of 
the laws under which they lived : each of them in his heart devoted to 
the event, and desirous of maintaining the Protestant religion. 

[Counsel here read from the " Protestant," the resolution passed at 
the meeting of the 3d of June, appointing a committee of arrange- 
ment, &c.] 

There was nothing whatever, in this call, about either Orangemen 
or Gideonites, but addressed to every one who had a due regard for 
Protestantism. It was stated at the meeting that it was an important 
event ; and in order to appreciate their motives, counsel would under- 
take to advert succinctly, to Irish history, and show those facts which 
cannot be forgotten ; and which have, long since, been enrolled on the 
pillar of fame. 

In 1G89, James of England, having violated his oath, was driven by his 
own subjects to France; where, having obtained assistance, subsequently 
bent his steps towards Ireland ; and there, against his oath to support 
the Protestant religion, asserted, at Dublin, with the usual formalities, 
the Roman Catholic faith ; the Protestants from thenceforth were hunt- 
ed down, persecuted and exiled, or dispossessed of every thing by this 
perjured monarch. 

After several parts of the country had been reduced to his power, 
Londonderry held out ; and such was the devotion of the natives to the 
Protestant religion, and hatred to the persecution he was preparing for 
them, that the garrison was actually sustained and fed for a consider- 
able time on vermin, — and when reduced to the greatest extremities, 
a French general, left in care of the army by James, drove the people 
under the walls to swell the state of desperation. Here were facts re- 
collected by these men, — was any so ignorant of the history of his coun- 
try, as not know them, and knowing them not to cherish in their minds 
so great a deUverancc as that effected by William, on the banks of the 
Boyne ; who wrested from the Stuart's, in the person of this oppressor, 
the last hope of ever wielding a sceptre. Long since have those waters 



17 

of the Boyne rolled their crimsoned flood to the deep hosom of the main; 
but the memory of those gallant transactions will remain for ever ! 

If we on the 4th of July, or other days, celebrate the deeds and 
sufferings of our fathers — what they endured at Valley Forge, or 
in the Jersey prison-ship, shall not Irish Protestants be permitted to 
celebrate an event that bestowed liberty to them, as the others did 
to us. Events ridding Ireland and Protestantism of the greatest 
despot that ever wielded power, were circumstances which every Irish 
Protestant was bound to respect. They believed that the advocates 
of the papal see were endeavouring, as in all countries, to extend its 
power in this happy land; and,, through the successful agency of the 
Jesuits, were striving to raise the standard of Popery in this asylum of 
tolerance and freedom. The counsel would not wish to believe it — but 
if they were so impressed, they were justified in adopting such legal 
measures as would tend to preserve inviolate their faith, from those 
persecutions and penalties which v^'ere formerly enforced against it; 
they would be justified in promoting the object not by shedding of 
blood, but by a peaceable course of measures ; by informing and con- 
vincing the public mind of the errors of the church of Rome, its motives, 
and efforts; by impressing their children w^ith just and correct notions 
on the subject, and inculcating in others the value of that sacred de- 
posit, which had been bequeathed to themselves. On that occasion, 
the counsel stated that they did not exhibit any system of persecution 
in their proceedings, but that their conduct had been marked by a 
strict observance of the law. 

In recurring to history, how many brave and good men as Cran- 
mer, Ridley, Rogers, and a host of others, perished under the fang of 
Papist persecution, and how many in latter times had suffered for 
their adherence to the sacred cause of freedom; with those feelings and 
recollections, counsel would show, nevertheless, that in pursuance of the 
event which they celebrated, they adopted every legal means in their 
power. 

The counsel in adverting to the circumstances which brought this case 
before the consideration of the jury, would observe that the meeting 
was upwards of a month before the 12th of July, which was the one 
hundred and forty-first anniversary of the termination of those unhappy 
events; they assembled at La Grange garden, a place in every way suit- 
ed to the nature of such a meeting, where beneath its shady trees they 
might in retirement and peace discuss the circumstances which brought 
them together; they afterwards proceeded with a band of music to 
Mr. Ashton's church in Second sti-eet, where they had delivered to them 
an eloquent address suited to the solemn occasion of the day ; and after 
performing their devotion at that altar which secured their religious 
freedom, took up a collection for missonary purposes. Howbetter,than 
by those religious observances, could they sanctify the beginning of 
that eventful day? If they were men as they had been represented, 
meditating breaches of the peace, and bloodshed, would their first act 
be, thus to lay their offerings before their God? but their conduct tal- 
lied with the resolutions, and w as worthy of men holding such sentiments. 

3 



IS 

They left, but not in peace; on coming out of the church they were 
assailed by a crowd who followed them through the streets, with taunts 
and jeers, to which they submitted with a forbearance truly christian; 
the streets through which they passed aflbrdcd incjease to the mob, 
until they arrived at the Odd I^cllows' Hall; and out of four hundred and 
fifty, which the procession originally consisted of, but eighty were en- 
abled to enter it — many having abandoned it, to avoid collision with 
their assailants, while some of them were attacked on going in; during 
dinner they were informed that the Roman Cathohcs meditated an 
attack on them, and that several of them, surrounding the Hall, had 
arms of various kinds, while others were uttering threats and impreca- 
tions against them. 

Thus, after a rehgious ceremony, and assembled in the midst of peace 
and hilarity, the cup of festivity was raised to their lips; but, alas! the 
viper of fanaticism had entwined it, and the draught was already 
poisoned. Like the story of Damocles, who seated at a sumptuous ban- 
quet saw a sword suspended by a single hair over his head — in their 
festivity destruction awaited them! 

At the advice of the Mayor, they resolved to adjourn for the day, and 
to seek their homes; but to do so separately, was impossible, and they 
therefore determined to remain together, and protect each other from 
destruction. On leaving the Hall, by the advice of Mr. Evans, their 
chairman, they left the band of music behind; he also admonished them 
to bear patiently and unnoticed the taunts and insults of the mob, and 
not in any manner to provoke or annoy them, either by word or deed. 
When the doors were thrown open, a shudder pervaded the by-standers, 
for their safety, and some of them expected their immediate destruc- 
tion : their firmness alone protected them. The counsel could not help ex- 
pressing his admiration at the conduct of those men for their forbearance 
and respect for the laws, in that trying and eventful moment. They then 
proceeded down Fifth street where threats and imprecations were poured 
upon them, and brickbats and other missiles were hurled at them; when 
arrived at the corner of Fifth and Pine streets, where they intended to 
separate, a general attack was made upon them by the crowd,;'of stone 
coal,brickbats,and porter bottles, reduced then to ten men alone,and thus 
exposed to the fury of a mob of between five and six hundred, who were 
tearing up the very pavement to provide missiles, and who, finding that 
they could not frighten them, rushed into a blacksmith's shop, from 
whence they took tongs, hammers, and bars of iron, to effect their de- 
struction. VVhat could they do? It reminded the counsel of the attack 
described in Milton, of the devil against the angels, (laughter:) although 
counsel did not compare his clients to angels, yet their opponents 
acted very much like the devils. Luckily for them, indeed, they 
had their swords to defend themselves against those devils incarnate ; 
the resultj however, was, that the ten men were overpowered, and 
obliged to retreat; even there this scene of disgrace w^as not permitted 
to end; they had not yet sufficiently satiated themselves. Mr. Evans 
received information that his house would be attacked that night; at 10 
o'clock they assembled round his house, which they assaulted with paving 



19 

stones, to the great terror of his family, some of whom were lying sick, 
and continued their infernal attack until 3 o'clock in the morning. They 
had all heard of London, Dublin, and Paris mobs, and their atroci- 
ties; but in this peaceful city, in the nineteenth century, it would seem 
as if we were carried back to the feudal times of society, and that the 
Goths had appeared amongst us, when we are obliged to barricade our 
houses, to protect our lives — and because we dare to differ in opinion 
with them, they must needs hammer our heads another way; and, like 
savages, dance round their victims, and gloat in tlie madness of their 
fanaticism, making religion a pretext for their unworthiness — reli- 
gion ! whose character is peace, and whose command is love, which 
teaches us to soften down our natures, and points to humiliate our arro- 
gance to the smouldering trophies of the grave! If they fought under the 
cross, it was the banner of the cross bones of death; but they had bro- 
ken the law, and resisted the municipal authorities — they had made a 
wicked and mistaken zeal the pretext of their diabolical passiojis, and 
they had shown a total disregard of the rights of this country, by assum- 
ing to themselves a power above the law; but it was necessary to show 
those men, that the stern authority of the law had both power and 
lirmness, to prevent them from embroiling our city with disturbance, 
and that blood was not to be poured out, or sacrifices made, on account 
of ditFereuce of religious opinion : that to the citizens of this country it is 
immaterial, in the words of the immortal Jefferson, in a mere civil point 
of view, provided a man is a good citizen, "whether he worships one God 
or twenty ;" that if a Turk having here erected, should enter his mosque, 
and laying one hand upon his heart and the other on the Koran, swear by 
Allah that there was one God and Mahomet was his prophet, his faith 
would neither bind him to the stake, or subject him to the dungeons of the 
inquisition. And notwithstanding the nature,name,or character of persons 
or persuasions, all are alike culpable who transgress the laws — and, there- 
fore, w^ith the observations which had been made, the counsel would leave 
the matter with the jury, whose verdict, he hoped, would be a lasting 
moimment of civil rights in this country. 

The first witness called, was 

Britton Evans — examined by Mr. Ingersoll. Witness states there 
were several meetings of the Protestants of the city and county of Phi- 
ladelphia; one was held on the 3d of June; their proceedings were pub- 
lished in the paper, then in court, and their object was to celebrate, in 
a peaceable manner, the deliverance of the IVotestants from religious 
intolerance ; due notices were sent to seven Protestant churches, which 
were read from the pulpits. Witness calls Protestants, persons of all 
denominations except Roman Catholics; Protestants take their name 
from protesting against the errors of the Roman Catholic faith ; witness 
carried the notices — heard some of them read. In conformity with the 
notices and resolutions, the Protestants met at La Grange tavern, on the 
12th of July, and about 10 o'clock the assemblage was addressed by a 
gentleman of the bar; afterwards they organized, and being accompa- 
nied by a band of music, and two peace oflicers, Mr. M'Masters and 
Mr. Cooper, proceeded up to South street, then down South to Se- 
cond, and down Second to the Baptist church below German street, 



20 

where an appropriate sermon [here the witness was interrupted by one 
of the jury, who inquired of witness what he meant by saying appro- 
priatelhnt witness proceeded] was delivered, and a collection taken up 
for missionary purposes; the procession re-organized and moved up Se- 
cond street, passed up Spruce to Sixth street, up Sixth to Chesnut, 
down Chesnut to Fifth street, down Fifth to Walnut street, and down 
to the Odd Fellows' Hall, into which about eighty of them went. 
The first indication of hostility was on their coming out of church, form- 
ing in the street, when there was much cursing and swearing — the next 
was passing down Fourth street, where witness observed two or three 
persons with clenched fists running up to the procession, threatening to 
gtrike some of the persons in it; witness called a halt, to see what was 
the matter, when one of those persons caught hold of some one in the 
ranks, and a tussel ensued, and an officer arrested one of them; the 
next was going into the Hall, when they struck some of the men going 
in; witness halted on the steps, and saw NealHarkan holding some man 
in a violent manner; several of those composing the procession came into 
the Hall with their clothes torn and their faces scratched; Elliott was 
one; some who went out to ask their friends in, were beaten; the mob 
became very riotous, and they had to lock the door to prevent their 
coming in; one hundred and forty plates were laid for dinner, but only 
seventy-five dined, in consequence of the riot; witness went to the door 
two or three times, and saw a great many riotous persons cursing and 
taunting those inside; some of the mob got on the fence in the alley ad- 
joining the Hall, and annoyed those inside with taunts and threats. After 
dinner, some wlio could not be recognised by the mob, went away, 
leaving the number about fifty; witness asked them if they would leave 
the Hall together, or separately; it was stated that if they went out 
separately they would be massacred, and the only chance was to keep 
together; witness advised them to leave the music behind, and also to 
take otf their badges, both of which were done ; also to pass out in double 
file, and not to return their taunts. Witness took the ribands from the 
button holes of some of them, and took his own badge oflT, as also the 
United States' cockade, which he had in his hat; there were eight 
swords in the procession — for the marslial, deputy marshal, and other 
officers ; these, witness thought necessary to lake along ; witness intended 
they should separate as soon as they got out of the mob. Witness un- 
locked the door to look out, and considered there were one thousand 
persons there; the moment he was on the steps, a brick was thrown, 
which struck the Hall close to him ; witness passed down the pavement, 
the men following in double file on the west side of Fifth street, under 
the taunts and jeers of the mob, who threw bricks and other missiles at 
them as they went along ; several of them were struck on the shoulders 
and back ; one brick went through a window over witness' head, into a 
house, making a tremendous noise; witness then faced round, and drew 
his sword, and desired the men to walk steady and firm, and not to get 
into a fight, as the numbers were so great against them, they had no 
chance; the men then drew their swords; the mob came within five or 
&even feet of them, and threw bricks at the men in the procession, whom 



21 

he saw struck without taking any notice of tliem; the crowd now pressed 
very mucl\ on the left ihuik of the procession, and part of the mob got 
in advance of thenn; in going down Fifth street they came close up to 
witness and said, " Vou damii'd Urcni^e villain, V)hy don't you runV 
Patrick Brady leaped up hke a drunken Indian, using the most horrible 
imprecations. [Witness identifies Brady.] The procession did not move 
fast, but firm and in close column — they could not move fast, the crowd 
being in front. After they iiad passed Spruce street, the throwing be- 
came greater, and a general attack on them commenced at the corner 
of Fifth and Pine streets; the procession had fallen off every street they 
passed through, by dozens and half dozens; in Pine street there were 
not more than eighteen or twenty; witness turned the procession up 
Pine street, thinking the mob would not follow them — but at the corner, 
they were assailed by bricks, porter bottles, and cinders out of a black- 
smith's shop; witness received a blow of a porter bottle on the scabbard 
of his sword, which dinged it; they drew up in line across Pine street, 
to make a better disposition of the men; there were only ten in number 
there to resist the attack; the mob then rushed on them, and Flanagan 
was the first who came in contact with the men; he threw a brick at a 
man of the name of M'Auley, who was at the extreme right, and then 
ran on him with a hatchet. Flanagan seized M'Auley by the throat, 
and struck him on the head with the hatchet twice; the man standing 
next to M'Auley warded oif another blow, and struck Flanagan with the 
sword under the ear, and then turning the sword, struck him on the 
other side; Flanagan then let M'Auley go, who struck at him, on which 
he fell; witness then desired the men to leave him; witness did not strike 
Flanagan; the mob struck the men in the procession several times; 
there were about five hundred of the opposite party; one of them got 
between witness and the wall, and threw a brick at witness, but in con- 
sequence of his having first caught the blade of witness' sword, escaped 
it ; finding that they could not dislodge them, some of the mob went into 
a blacksmith's shop, and got bars of iron, and commenced a second at- 
tack ; at this time the police were making arrests, and the men of the pro- 
cession retreated up to Sixth street; witness followed with his two sons, 
who were with him all the timey they were at the dinner; when witness 
got home, he received information that he might look out for his house 
that night; witness bolted his doors about sun down, and sent for four 
young men of his acquaintance; witness hadsix muskets in his house; 
sent for ammunition, and made cartridges; about 10 o'clock the street' 
was crowded with people. [This course of evidence was objected to.] 
By Mr. Brown. Witness saw stone coal thrown in the street; there 
were no badges worn by the procession coming out of the Hall, nor any 
intemperate language made use of by his men — nothing thrown by his 
men between the Hall and Pine street. Witness had full opportunity 
of seeing it if there had; M'Carron was not in the procession at any 
time, nor did he take any part in it. Witness did not see the man with 
the bayonet. Saunders did not march out with the procession; witness 
left him with M'Murtry in the Hall ; saw Patrick Reilly there ; [iden- 
tities him ;] he was one of the mob. [Witness here was again as sud- 



22 

denly interrupted by the same juror, who wished him to explain the 
term appropriate, which he formerly used as applied to the sermon 
preached to the procession; whereupon the witness undertook to do so, 
by stating that the discourse described the abuses of the Roman Catho- 
lic church, and its persecution of the Protestants under James the second, 
who violating his oath on coming to the throne, and getting assistance 
from the king of France, &c. This explanation, however, did not seem 
to satisfy the fastidiousness of the worthy juror, who again inquired of 
witness how he could make it appear by all this, that the said sermon 
was appropriate; the matter altogether occasioned such immense 
laughter, that when silence was restored the witness not being further 
pressed, was desired to resume.] Witness saw Anthony M'Convill there 
— [identifies liim.] Brady said to witness in Fourth street, " there 
you are you datnpJd rascal.'''' Witness is not an Irishman; the pro- 
cession was conducted the same as others — swords are worn in all pro- 
cessions as badges of distinction, by the officers. 

Cross-examined by Mr. Dallas. The first meeting was on the 3d of June, 
at Rykman's ; the call was written by witness — Johnston and Saunders 
were there; the second meeting was on the 10th of June, at the same 
place; the procession was organized at both meetings. Witness thinks he 
presided at both — there was no meeting between the 10th of June and 
12th of July. Minutes were kept of the proceedings — does not know 
what became of them ; they were not published. No minutes kept of 
the meeting of La Grange. Witness does not recollect that any resolu- 
tion of wearing orange badges was passed at the meetings. It was un- 
derstood the officers would wear swords — but no resolution passed re- 
specting it. Witness being chairman was appointed the officer for the 12th 
of July. Witness sent the notices to Mr. Ashton's church, to the Pres- 
byterian church in German street, to the Methodist church in Christian 
street, to Mr. M'Auley's in Spruce street, to the Baptist church in 
Spruce street, and two Baptist churches in the Northern Liberties. 
Witness spoke to Mr. Ashton respecting the address — was one of a 
committee of three appointed to do so; told Mr. Ashton the object of 
the address, and the address delivered conformed to that object accord- 
ingly. No committee was appointed to collect money, nor any treasurer 
to receive money ; the collection in the church was voluntary — it was 
not spoken of before. Witness and others collected; every one agreed 
to wear what ever badge" they liked. Witness supplied the swords — 
has been a justice of the peace since 1823. Wore the United States' 
cockade with the eagle in it, because witness thought it an appropriate 
badge ; had a scarlet sash on, and a purple one, and an ornament of 
ribands of red and blue on his breast; most of the persons wore badges 
of their own choosing. They mounted the swoi'ds at La Grange, where 
witness had them sent; did not see the mayor at the Hall. Witness 
walked at the head of the company, on leaving the Hall, down Fifth 
street ; drew his sword after the brick had struck the window; did not 
speak to the men before that — the procession did not break rank and 
go into the street. Witness understood that the mayor or police would 
be outside the Hall or they would not go out ; witness' men dropped 



23 

off as they went along, in consequence of their being attacked; does 
not know if any who left the Hall singly were injured. 

By Mr. Ilaly. The majority of the persons in the procession were 
Irishmen ; some of them had celcl)ratcd that day before ; there were 
other Americans as well as witness there. Mr. Subert, one of the com- 
missioners of Moyamensing, and squire Hooton, dined there ; also Mr. 
Hoffncr, the constable of Moyamonsijig, and others. Some of the mem- 
bers of the Gideonite society were there ; witness is not a Gideonite ; 
Saunders is one — does not know if Carrick or Elliott are. Heard the 
" Boyne Water" played ; " Croppies lie down" was not played, nei- 
ther was " Kick the Pope ;" they played " Yankee Doodle." Saw 
M'Convill so often that day that he can identify him fully. Saw him 
with others outside the Hall cursing and swearing, witli brickbats ; 
some in the arms as well as in their hands; the body that walked that 
day is not in any regulated society, neither is it regulated by any arti- 
cles ; witness does not receive any emolument from it, or any other 
society. Some of the persons in the procession were Orangemen; 
witness belongs to an Orange lodge ; there were about half a dozen of 
the persons in the procession belonging to witness' lodge ; is secretary 
of a lodge, Mr. Matthews is president, the Orange — it is not a beneii- 
cial society ; does not know if there were other Orangemen in the pro- 
cession ; does not recollect all the oaths of an Orangeman ; took the 
oath two years ago ; their oath is printed ; the orders and badges worn 
in the procession are not peculiar to the Orange institution ; the Gidcon- 
ites, like Orangemen, mix in other societies; any mason would un- 
derstand the nature of the Orange institution. [Here Mr. Dallas and 
alderman Duane stated they were masons, and they did not understand 
it] It was not political or beneficial, but would decline stating further 
its character. 

By Mr. Sampson. Would not explain the nature of the purple or- 
der of Orangeism ; it does not mean blood or any thing like it; witness 
knew the degree, but would not explain it; witness felt himself bound 
not to communicate it to any except those applying for the institution. 

Thomas K. Tress sworn — examined by Mr. Brown. Witness is a 
carpenter, and was working at a building next to the Hall ; was present 
when the society came out of it on the 12th of July, last; did not observe 
whether they had any ribands; their swords were not drawn coming out; 
they had no band with them ; came out two and three at a time, as 
peaceably as men could; when about lifty or sixty feet from the Hall, 
near the African church, some stones or bricks were hove from the other 
side of the street, where the mob had assembled. Witness heard one 
person remark, they had made a devilish good shot, as it struck three 
persons — it knocked the hat off two, and struck another in the breast; 
did not see much throwing after this until they got below Prune street. 
Witness returned to the building, when a person followed him, and said, 
"My God! they're killing one another!" Witness shortly after went 
down; does not know if Saunders was there — thinks that person inquired 
for him at the Hall; heard of Dubois; one man was taken up; he was 
in his shirt sleeves, and without his hat. Witness saw no impropriety 



24 

whatever on the part of the procession ; near one-half had withdrawn 
by the side door ; the mob surrounded the Hall, and blockaded the 
windows. 

Cross-examined by Mr. Haly. Several of the procession went before 
the body left the Hall; witness was within eighteen inches of every man 
who passed out ; the first who stepped out was Evans — he and others 
wore swords, but they were not drawn; it was not until after the stones 
were hove, near the chnrch, that they drew them; saw no stones thrown 
from the west side, but saw them hove to the west side. 

By Mr. Dallas. There were one hundred and twenty, or one hun- 
dred and fifty persons collected, when the procession was in the Hall ; 
the mob increased as they passed along; there might have been be- 
tween four and five hundred between Powel street and Pine. Witness 
saw a man with his arm in a sling, and thinks the mob might have gone, 
only for him. 

Ke-examined by Mr. Brown. This was after the mob had been dis- 
persed, and when only a few scattered persons were there* 

Cross-examination resumed. There was no disturbance outside the 
Hall before they came out, except threats; the procession found no 
difficulty in coming out ; the mob was composed of persons of all classes ; 
great numbers of whom blocked up the windows, when those inside 
were drinking their toasts; the mob grinned at them coming out; they 
were grins of contempt. Witness is not a Gideonite or Orangeman ; heard 
it reported, that there were muskets in Prune street for those outside 
if they required them. 

By Mr. BrowA. Did not hear any person hurrah for King William 
or King George; no one could have done so without witness' hearing it 
— heard it said they were a parcel of king's men. 

By Mr. Haly. Heard part of the sermon ; did not hear any part of 
it about the king. 

Charles W. JVrif^ht affirmed — examined by Mr. Hubbell. Witness 
keeps a store in Fifth street, near the Odd Fellows' Hail. On the 12th 
of July, last, between 2 and 3 o'clock, witness saw a crowd in Spruce 
street, near Sixth, and afterwards saw some persons go into the Hall, 
where they remained until between 5 and 6 o'clock. Saw a crowd of 
rough looking persons opposite to the Hall ; before the men went into 
the Hall, saw a rough looking man running down the street, and three 
or four others along with him; he was swinging a bayonet or short 
sword over his head, at the same time the crowd were hooting, and ut- 
tering the most awful imprecations, as witness supposed, against those 
who had gone into the Hall ; did not think it right or safe to suffer such 
men to be at large ; the man with the bayonet and those with him 
seemed as if pursued ; a scufilc ensued at the corner of Fifth and Prune 
between them and the ofHcers; the mayor dispersed the crowd round 
the Hall, but, before he came, a peace officer was struck in the head 
by the mob. There was a continual mob in all the adjacent streets, 
which increased as the procession was coming out, when there was a 
general cry, and the mob mustered on the east side, opposite the Hall. 
The procession came out orderly, and when it got opposite witness' 



25 

store, a brickbat was thrown by one of the mob at the procession, which 
entered Mr. Largy's window. Witness shut up his store. When the brick- 
l)at was thrown, Mr. Evans turned to the men and desired them to keep 
their places, and take no notice, which they did, and the mob appeared, 
in witness' mind, ready to bathe their fists in the heart's blood of those 
in the procession. Witness did not hear a word of abuse pass the lips 
of the procession, against their enemies, as they passed down Fifth 
street ; cannot say if they had their swords drawn on coming out of the 
Ilall; did not observe badges, nor hear music ; no men could behave 
better than they did; did not hear them hurrah for king William or king 
George ; the mob were very boisterous, and witness never saw a set of 
butchers prepared to kill their hogs with more eagerness, than they 
were to despatch those men out of the world whom they called Orange- 
men ; it was before the procession came out Mr. Albright, the constable, 
was struck. 

Cross-examined by Mr. Haly, Witness saw about three or four hun- 
dred in the mob from Walnut to Spruce street; it was composed of men, 
and some few boys; knew three or four of the procession; the man who 
had the bayonet, and those with him, formed part of the same gang ; 
there were some respectable looking persons amongst the mob ; there 
were fifty or one hundred very foremost against the Orangemen ; and 
judges from the cursing and swearing of the mob, they were the ene- 
mies of those they called Orangemen, as they damned them for Orange- 
men. Witness is a Presbyterian ; never denied a belief in future re- 
wards and punishments ; was brought up otherwise. 

By Mr. Sampson. Does not belong to the Orange or Gideonite So- 
ciety. 

Andrew M'Knight sworn — examined by Mr. Hubbell. Witness 
went to La Grange tavern, on the 12th of July, last, and went with the 
procession to church, and walked from that with them to Sixth street; 
left them for a short time, and, when returning, saw a crowd pursuing 
a man ; they called out " Stop." Witness assisted in taking him to the 
Mayor's office, the mob followed : was told he struck one of the police 
officers ; he called out, " Hurrah for O'Connell." Witness returned to 
the Hall, and took dinner, and came out with the procession; their 
swords were not drawn, nor had they any badges or music ; did not 
hear any hurrah for king William or king George; proceeded two deep 
quietly and decently ; they were afraid to go out of the Hall, and heard 
they would be whipped if they did ; passing down Fifth street, saw a 
man on the east side with a blue coat heave two bricks, one after an- 
other : this was the first outrage witness saw ; the procession had not 
their swords drawn at this time ; after this the mob kept following them, 
abusing and heaving at them : did not see a stone thrown, or hear a 
threat uttered by any of the procession ; when they 'arrived at the cor- 
ner of Fifth and Pine streets, the procession had greatly decreased, 
many of them having to fly. Saw the mob go into the blacksmith's 
shop, and throw out iron, tongs, hammers, &.c. after which witness left 
them, and remained at some distance. 

Cress-examined by Mr. Haly. Did not see any one cut down by a 

4 



26 

a sword, was in the rear; saw a man lying on the pavement, wounded, 
on the north side of Pine street ; does not belong to the Gideonite So- 
ciety, never was an Orangeman here, never belonged to a lodge in Ire- 
land; the address at the church was delivered by Mr, Ashton; heard 
nothing in it against the Catholics ; heard him admonish them to recollect 
the blood of their forefathers, spilled by the Roman Catholics; heard no- 
thing about king William; the only toasts he remembers given in the 
Hall, were "Washington" and " the Hero of New Orleans ;" did not hear 
the "Battle of the Boyne" played. 

By Mr. Dallas. The procession were in the Hall some time before 
witness got there ; when witness was going in, there was not any disturb- 
ance; witness only suspected they would be whipped if they went out; 
went to La Grange to celebrate it, as a day of religious freedom ; heard 
from several, that the Protestants were to meet that day; did not know 
them as a Gideonite Society; has heard of this society for eight years. 

By Mr. Sampson. There are many who go to houses of worship, and 
forget what they hear, particularly people of bad memory; witness' 
memory is bad, and " that's a fact." 

John M' Masters sworn — examined by Mr. Hubbell. Witness was 
called on by Mr. Evans on the morning of the 12th of July ; as he under- 
stood it, they were going to celebrate the anniversary of the Baptist 
Church ; he asked witness to attend it ; witness did go, and brought 
Cooper, another peace officer, with him, and accompanied the proces- 
sion to the Hall; the first disturbance was Neal Harkan, who appeared 
in liquor, making an abusive noise — took him by the arm, when he 
clenched witness; Mr. Cannon took him away; witness afterwards saw 
Harkan with an axe handle threshing away as hard as he could ; wit- 
ness took it from him, on which he fell down, and pretended some one 
struck him. 

Cross-examined by Mr. Haly. Evans wanted witness to keep order 
at the church; did not see any one struck by Harkan, though a person 
told witness he was struck by him; Harkan had the whole course of the 
length of the handle to himself; saw no disturbance except what Har- 
kan made; saw Andrew M'Carron there with a piece of yellow string, 
playing with it in his fingers; he was speaking to himself about it; wit- 
ness wished to get it from him, as it appeared offensive to those about 
him; did not sec him thrust it under the nose of any one; he appeared 
a little in liquor. 

By Mr. Dallas. Does not know whether Evans or Saunders first went 
into the Hall; none of the procession were struck going in. 

William Dubois sworn — examined by Mr. Hubbell. Previous to 
12th of July, witness was called on by some gentlemen, to assist them in 
preparing for the dinner, &c.; was in the Hall on the 12th, and saw 
nothing of the disturbance, but observed a great crowd round the door, 
which he locked. Witness was requested to go to Prune street between 
Fourth and Fifth tlrcets, as it was said there were muskets there; wit- 
ness and Clopp accordingly went, and there saw three or four men, with 
two muskets and a Ibwling piece; the landlord of the house requested 
witness to get the men to go away; witness took the muskets and fowling 



piece; witness did not know the men; they were not in military attire; 
were rough looking men ; one of them was running down stairs, and 
appeared in a rage; they, after some time, went away, towards Fifth 
street: thinks it was ahout 4 or 5 o'clock. 

Cross-examined hy Mr. Dallas. The moh was chiefly dispersed when 
he got to Prune street; does not know when the conflict at Fifth and 
Pine street happened; does not recollect the toasts; the '* Boyne VV^ater" 
was played by particular request; heard nothing said respecting king 
William or king George. 

Benjamin Kennedy aflirmed — examined by Mr. Brown. Witness 
went to La Grange garden on the 12th of July, and heard an oration 
from a gentleman of the bar, and then went to the church, and heard a 
sermon preached by Mr. Ashton; was not in the procession the whole 
day, but followed it; witness got to the Hall before it arrived, and waited 
until some of them went in ; was told by some of them that the opposition 
were going to kill them; witness looked out of the Hall, and saw two 
of the mob come from the east side, and knock down a man in the 
procession, having previously dragged some ribands from his breast. After 
dinner, as witness was walking up the room, a person from outside, through 
the w'indow, called witness an Orange puppy — witness replied, all the 
puppies were outside: when the procession went out of the Hall, they 
had not their sw'ords on ; heard Mr. Evans address them, and they agreed 
to take their swords, but not to draw them, unless to save their lives ; and 
to take insults, but give none; tiiey went out peaceabSy — had no badges 
on ; witness remained in the Hall with Saunders, Meore, and some others; 
Saunders remained, to settle with Mr. M'Murtry; there was no music 
playing when the procession was leaving the Hall; when witness left the 
Hall, the procession was near Prune street, on one side of the street, and 
the mob on the other, hurraing; did not sec, the entire day, any impro- 
priety, in act or word, by any person in the procession. 

Cross-examined by Mr. Haly. Witness considers himself a member 
of the Gideonite Society now; cannot say how many of that society were 
in the procession ; witness was an Orangeman ; is not a member at pre- 
sent; believes the constitution of the Orange lodges, here, to be the re- 
verse of those in Ireland; never took an oath to preserve the Protestant 
succession; believes there were some Orangemen in the procession; wit- 
ness did not wear a badge; they played the Boyne Water; did not hear 
any Orange tunes played; witness has a family to support, and not wish- 
ing to offend any part of the community, and knowing them to be violent 
enemies to those who walked, was his principal reason for not walking; 
cannot recite the Orange oath — is not prohibited from stating it — did not 
care if it were printed on the house top. 

By Mr. Dallas. Does not know the person who called him an Orange 
puppy; the same person also told witness he would mark him when he 
came out. 

By Alderman Duane. Was member of an Orange lodge in Ireland; 
knows the oath — the constitutions of the lodges here and there were 
materially difl^erent; does not recollect if the oath of the Irish Society 



28 

requires a member to swear to preserve the succession of Sophia, Princess 
Dowager of Hanover. 

By Mr. Sampson. Did not take an oath to become a Gideonite ; be- 
longs to that society since the 12th of July, last; none but Protestants 
in the society; counsel must be the best judge if a society of Protestants 
is against the law; the Gideonite Society is incorporated as beneficial; 
there arc literate and ilhteratc men in it; does not recollect what Gideon 
ever did that was beneficial, nor why it is called the Gideonite Society. 

William Cooper sworn — examined by Mr. Hubbell. When the 
procession arrived at the Hall, there was a rush made on part of it, 
which broke their ranks ; two of the persons in it got annoyed, and 
would have fought, only that witness shamed and prevented them ; they 
went along peaceably — they assailed no one ; saw Neal Harkan there 
with an axe handle, clearing all around him; it is usual for peace officers 
to accompany processions; heard the mob blackguarding the procession 
when at dinner, through the windows. 

Cross-examined by Mr. Haly. Saw the procession first assailed; it 
was in their own defence, the two men acted so. 

Samuel Morrow affirmed — examined by Mr. Hubbell. Witness was 
in his shop, at the corner of Fifth and Pine; saw the procession coming 
along Fifth street, and a great crowd at the other side of the street; 
saw the procession assailed at the corner of Fifth and Pine streets, with 
brickbats, stones, and broken bottles; found a man throwing tools and 
pieces of iron out of his shop, through the window ; got back some of 
them; got a hammer belonging to witness at the Mayor's oflice; did 
not see them use any of \hem ; witness went over to a man, who was 
lying on the pavement, bleeding ; saw a man without his coat, and his 
arm in a sling, beaten by others ; the procession was first assailed, and 
the persons belonging to it walked peaceably and orderly ; saw several 
knocked down. 

By Mr. Brown. The party on the east side was the attacking party; 
the others did not do more than defend; the attack of the brickbats 
broke their ranks ; did not know any of the persons. 

Cross-examined by Mr. Haly. There were about twenty in the pro- 
cession ; the swords were in front ; did not see the swords used ; saw a 
man lying on the pavement, bleeding from the temple; it appeared to 
witness, it was from a blow of a brickbat; he had a blue coat on; did 
not see the procession cross the street; could not tell who the persons 
were that threw; saw the affray from the commencement, before any 
blows; has no connexion with any society. 

Robert Barnes afiirmed — examined by Mr. Hubbell. On the 12th 
of July, last, at the Odd Fellows' Hall, witness heard several cursing 
and swearing against the " damned Orangemen," and saying what they 
would do to the Odd Fellows for letting them into the Hall. Saw one 
terrible man there, hurraing for O'Connell ; saw a weapon like a bayo- 
net, shining in his hand ; another man crossed the street with a small 
axe or hatchet in his hand, and went over to a person who had his 
hand tied up, and who was sitting on the steps of the Hall, and said to 
him, I dare say here what I dare not say in Ireland — " To hell with 



29 

all Pi'otestants and Orangemen^ and all who take their part ;'^ the 
man with his hand tied up replied, "Sure you can't send them to hell?" 
the other said, " Well if 1 can't the priest can, and I'll help him before 
all these boys leave the Hall;" could not exactly swear to the person 
who said this ; heard a constable say to a man of the name of M'Gill, 
at Fifth and Chesnut street, whom witness knew some years ago, that 
they ought to be quiet and let the men alone; M'Gill said to the officer, 
"you had better hold your tongue, or I will give you what some of 
them will get before they come out of the Hall." Witness saw three 
or four men together, at the fountain near the State House; one of 
them had a dagger up his hand, and another had a gun with old stock- 
ings on it, along his thigh ; they said they would go down South street. 
Witness went to the Hall and cautioned them to remain together, as 
the mob was prepared for them every where; heard Evans desire the 
men to take off their ribands and badges, to avoid giving offence. 
Witness w^ent the back way, up the alley, and got much abuse for 
walking with the procession that day. Witness did walk with them ; 
saw bricks thrown at them when passing out of the Hall; M'Gill threw 
the brick at a man w^alking with witness, which went through a win- 
dow at Prune street; he then threw another brick; saw his pockets 
stuffed with coal ; a piece of brick knocked off witness' hat, and in 
stooping for it, vi^as knocked down ; the swords were not drawn coming 
out of the Hall ; at the corner of Fifth and Pine streets, the mob ran 
across the street to get a head of the procession. Witness here saw 
Flanagan with a brick in one hand and an axe or shingling hatchet in 
the other. Saw him throw the brick at Mr. Evans ; there was so much 
throwing of coal and porter bottles, did not see what he did with the 
hatchet ; the procession had not any badges or music coming out of the 
Hall ; none of them said or did any thing to annoy ; they did not hurra 
for king William or king George. Saunders did not come out with the 
procession — [identifies Flanagan.] 

Cross-examined by Mr. Haly. Is a member of the Gideonite Society 
— was an Orangeman in Ireland; is here, since 1828; has declared his 
intentions to become a citizen; is bound not to tell the nature of the 
Orange obligation ; did not take the purple mark man's oath ; there- 
fore cannot tell it : one of the persons he saw at the pump in Chesnut, 
said to witness and two others with him, " there are three of the damn'd 
Orangemen ;" did not know the person who threw the first brick at the 
Hall ; does not know M'Carron. Witness first saw Flanagan in Spruce 
street ; saw him again at the corner of Fifth and Pine ; kept his eye 
on him, for he was a dark looking fellow with a brick in one hand and 
an axe in the other; does not think he struck Mr. Evans; did not turn 
to look at what was going on behind him, as he was afraid of his brains 
being knocked out every moment. 

By Mr. Dallas. Was made an Orangeman in Ireland, in 1824; was 
a seceder, that is, a Presbyterian then, and is so now ; witness affirm- 
ed when he became an Orangeman ; never took an oath — considers he 
is equally bound by affirmation as by oath. 

By Mr. Sampson. Does not know his age ; the Orange and Gideon- 



30 

ite Societies are different; a Gideonito is not sworn; it is beneficial, and 
when a man gets sick he receives three dollars per week; does not 
know why it was called after Gideon ; does not know any thing about 
Gideon— nor if he ever lived in the county of Down; does not know 
what dress he wore; never saw his picture ; ^ knows nothing of his his- 
tory, nor can he say whether he ever walked on the 12th of July. 

fVilliam Nichol sworn— examined by Mr. Hubbell. Went to La 
Grange on the 12th of July, where he heard the Gideonites were to 
meet, and was in Fifth street when the procession went into the Odd 
Fellows' Hall ; a scuffle ensued before they got in ; the crowd dispersed 
until they were coming out, when it again assembled. Witness was 
standing opposite, and when the procession was crossing Prune street, 
an attack of bricks was made on their rear; saw a man of about forty 
years of age lying on the flags at the corner of Fifth and Pine streets; 
the procession had not their swords drawn, nor badges nor music, no 
coming out of the Hall ; knows Brady and Oliver ; [identifies them.] 
Saw them with the mob on the east side — saw them actively engaged. 
Witness did not hear or see the procession say or do any thing offen- 
sive; did not hear them cry out for king William or king George — 
knows Saunders — did not see him go out with the procession. 

Cross-examined by Mr. Haly. Is not an Orangeman or Gideonite ; 
Saunders gave the invitation to the Protestants at La Grange to join the 
procession — he wore spectacles with green glasses. Witness went a 
short distance with them and left them.; the first attack was made near 
Prune street — it was from the east side ; saw Brady and Oliver throw- 
ing: there was a general volley thrown from the east to the west. 

By Mr. Ingersoll. Is a native of this country — was born in this state 
— at least his mother says so. 

Cross-examined by Mr. Sampson. Witness does not call himself a na- 
tive American, for that would be an Indian: if all the people were as 
quiet as he was, there would not be any row; went there from curiosity; 
saw several badges going into the Hall, but none coming out; calls ri- 
bands and sashes badges. 

John Nibling sworn — examined by Mr. Hubbell. Went to La Grange, 
in consequence of being told that the procession was to meet there ; was 
informed they were gone to church ; walked about until they came out 
of the Hall ; the mob seemed very angry, cursing and swearing, and say- 
ing what they would do to the Orange rascals when they came out ; that 
" they had to leave their country on their account, and that they would 
have satisfaction, and they were not afraid to take their own part here;" 
heard some of the mob say, "the damned rascals were afraid to come 
out;" another said there was one man there, and that as soon as he came 
out, he would be the first to knock him down ; he named Britton Evans, 
and called him a " damned Orange rascal;" when the procession came 
out, the crowd hurra'd for O'Connell ; when the rear had got out about 
four yards, a brickbat or two were thrown at them, and they called out, 
"There they go, the damned Orange rascals; give it to them now;" saw 
the mob throw brickbats and coal, as the procession passed Prune street; 
the swords were not drawn coming out of the Hall; neither had they 



31 

music or badges ; the persons belonging to the procession, did not say or 
do any thing to offend them, but tried to get out of the crowd. 

Cross-examined by Mr. Sampson. Witness is an Irishman, and from 
the county of Down ; went there from curiosity ; supposes many innocent 
persons were in the croud, led by the same motive; is a Presbyterian: 
was an Orangeman ; does not know what he may be ; but wished lie had 
staid at home. 

James Gay sworn — examined by Mr. Brown. Knows Patrick Reilly; 
saw him on the evening of the 12th July at Amos Ilolahan's; he is in 
the same company with witness, in the Hibernian Greens; Reilly got 
into conversation about the riot with a friend of his in the room, and 
stated that it commenced by their tearing the " ribands out of their bo- 
soms'" to which the other replied, " I would do so too:" he [Reilly] also 
said, with an expression of determination, " I would tear the shirts off 
their backs:" Reilly also said it was sworn that he had stuck two or 
three of them with a knife ; but to show it was not a knife, he had 
brought them to a cellar, and showed them it was a rasp, and it had 
blood on it. 

Cross-examined by Mr. Sampson. Had a meeting of the company that 
night there : Michael Farran was the person in conversation with Reilly: 
witness is not, nor ever was an Orangeman or Gideonite ; there are 
about fifty in witness' company ; only seven of them were present that 
evening, and if counsel knows any thing of arithmetic, can easily tell 
how many were absent. 

George M^Connell sworn — examined by Mr. Hubbell. Saw a mob 
in Second street on the 12th of July, last : saw William O'Reynolds there, 
who said " he w^ould have the church burned ;" when the procession 
was going into the Hall saw a man with an axe handle ; saw O'Reynolds, 
Flanagan, Patrick Brady, M'Convill, and Francis Reilly there ; [witness 
identifies them;] heard a fellow say to others in Fifth street, " here comes 
a fellow with a riband in his breast, come, let us go and give it to him;" 
saw a man waving a stick over his head, and another with a dagger or 
bayonet in like manner; saw some of the mob resisting Albright, the of- 
ficer who was taking one of them up ; O'Reynolds and M'Convill knock- 
ed him down a cellar door ; Brady came up, and O'Reynolds swore an 
oath, and said he would not let that fellow be taken by any ofticer — the 
officer ran off, and they threw a brick after him : when the procession 
was coming out of the Hall, saw a man with an axe or hatchet; [iden- 
tifies Flanagan as that person ;] some of the mob said " damn the Pro- 
testants and Orangemen ;" heard Evans desire those belonging to the 
procession not to mind any of the insults unless they were to lay hands 
on them ; they went out peaceably, two deep, in double file ; witness 
was about the middle of the procession ; a brick was thrown at them 
from the east side ; the mob jumped and clapped their hands, and cursed 
and swore ; the procession did not say or do any thing ; a brick knocked 
off witness' hat, and a bottle flew close over his head, and smashed 
against the wall ; at Fifth and Pine, there was a general attack of the 
mob; the men with the swords turned round ; saw Flanagan with a brick 
in one hand, and a hatchet in the other, with which he struck at one of 



32 

the procession; those who had the swords then struck two of them; they 
fought until the procession had to retreat ; witness did not throw a 
brick the whole day ; only saw one thrown by the procession ; did not 
see them from first to last provoke them, or do any thing but defend 
themselves; is twenty two years of age; is not a Gideonite or Orange- 
man. 

Cross-examined by Mr. Sampson. Did not know any who had swords 
except Evans and Saunders ; witness particularly wished to hear the 
sermon that day, being a Protestant, would probably hear some histori- 
cal facts ; expected to hear both scripture and ancient history, but was 
too late; got in at the conclusion; the parson held up his hands and 
blessed the congregation; a considerable sum of money was collected; 
witness was in time for the blessing; heard a fellow outside say, he 
would have the church burned ; thought he would hear some compari- 
sons between scripture and history ; is not very learned — [witness was 
allowed to go, as counsel declared he could make nothing of liim.] 

James M^Murtry sworn — examined by Mr. Brown. Is proprietor 
of the Odd Fellows' Hall, and was there on the 12th July, from 2 to 5 
o'clock : the procession was perfectly peaceable, while they were in ; a 
large mob of about live hundred collected outside, very hostile in appear- 
ance ; saw Saunders a considerable time in the Hall after the procession 
went out; saw great indications of violence on the part of the mob; 
was at the far end of the Hall when the procession was going out ; 
thinks they liad their swords drawn ; they did not evince any disposition 
to do harm, but appeared considerably alarmed ; does not know any of 
those who were outside ; did not observe any weapons with them. 

Cross-examined by Mr. Haly. Cannot be certain if they had the 
swords drawn going out ; rather thinks they had the badges on ; saw 
some respectable people in the mob, and coloured people; saw no at- 
tack by them ; they were calling the others Orangemen ; heard no toasts, 
nor music, nor cries for king William or king George ; thinks he heard 
one of the procession make an oration. 

By Mr. Sampson. Evans and some others hired the room from wit- 
ness, to give their usual annual dinner; thinks they called it the Gideon- 
ite Society. 

Jeremiah Saunders affirmed — examined by Mr. Brown. Witness 
and others agreed to celebrate the 12th of July ; they went from the 
church to the Hall ; Mr. Moore walked with witness ; when at dinner, 
the Mayor called, and told witness if they remained late, there would 
be a serious riot ; witness promised they would go in three quarters of 
an hour ; 'stated the conversation to the company; the crowd outside 
were hollowing like savages : out of thirteen toasts they had on their 
list, only eight were given ; there were from eight hundred to a thou- 
sand persons outside ; they considered that if they went out singly they 
would be murdered, therefore agreed to go in a body ; Mr. Evans re- 
quested of them to bear with all insults; witness and Moore remained 
in the Hall after the procession, to pay the money ; had not any badges 
nor music going out; their swords were not drawn ; did not see any in- 



33 

suit olfered by any of the procession when witness was with them ; the 
mob looked savage, and were hollowin;? at them through the windows; 
was towards the head of the procession; no one insulted him. 

By Mr. llubbcll. The 12th of July l)eing the 1 list anniversary of 
freedom from popery, they met at Rykman's to arrange for the celebra- 
tion; Augustus Tarr and others were on the committee, and Evans was 
deputed to get swords and every thing necessary; the procession played 
Patrick's Day ; wore orange and green, the same as others ; witness and 
Moore collected the money at the church. 

Cross-examined by Mr. Haly. Witness belongs to an Orange Lodge 
in this city, and is an Orangeman since 1809; does not hold any office in 
the Gideonite or Orange Societies ; can explain the orange oath; there 
are no secrets in it. [Witness read the oath as follows.] 
^'Obligation of an Orangeman. 

" I, A. B. of my own free will and accord, in presence of Almighty 
God and this right worshipful Lodge, dedicated to his glory, most solemn- 
ly and sincerely swear that I will always hail, conceal, and never re- 
veal, any part or parts of what is now to be privately communicated to 
me, unless it be to a brother Orangeman who has regularly received it 
as I have done, or by the proper authority of the Orange Institution. 

" That I will neither write nor edite, stamp, stain or engrave it, or 
cause it so to be done on j)aper, parchment, leaf, bark, stick, stone, or 
any thing moveable or immoveable, under the canopy of heaven, where- 
by it should be made known ; and that I will not make an Orangeman, 
or be present at the making of one on the high road, in the woods, or 
behind fences, or in any place but in a regular Lodge ; nor there so long 
only as I am master or appointed by a committee for that purpose. And 1 
further swear that I am not, nor ever was a Roman Catholic or Papist; 
and that 1 never was proposed in and rejected, or expelled from any 
other Orange Lodge ; and that I will not injure a brother Orangeman, 
or know him to be injured without acquainting him thereof, if in my 
power lies, and that I will be true to all Orangemen in all just actions, 
and assist them, by giving them warning of all approaching danger, as 
soon as possible, provided it is not hurtful to myself or family; and that I 
will keep a brother Orangeman's secr^s, as my own, when given to me 
as such; murder, robbery, and treason excepted ; and that I will not see 
a brother Orangeman ollendcd for twelve and a half or twenty-five cents, 
or more, if convenient, which must be returned the next meeting, if pos- 
sible; and 1 further swear that I will have no carnal communication 
in an unlawful manner, with a brother Orangeman's wife, daughter, 
sister, or mother, provided I know them to be such ; and I will always 
support the rules and regulations of the Grand Lodge, and the by-laws 
of this Lodge, or any other I may attach myself to ; all this I swear, 
without any hesitation or mental reservation, with a fnm resolution to 
perform the same, under no less penalty than to advance three steps on 
the point of a sword or spear, or other warlike instrument, representing 
such, so help me God, and keep me steadfast in this my Orangeman's 
obligation. Amen." 

That was the only Orange oath used in this country ; that used in Ire- 



34 

land is the same respecting popery ; swears there never was an obligation 
in the Irish oath, respecting the externaination of Roman Catholics; would 
not belong to any Society that took such an obligation ; is generally by 
oath, and not affirmation, members are admitted. Witness' Lodge has 
met at Mr. Kennedy's, in Chesnut street, twice. Witness belonged to No. 
1 Lodge ; has not attended for eight or ten months; never saw Kennedy 
sit in Lodge in his own house; has seen him bring in liquor after the 
Lodge was over ; witness has taken the purple marksman's oath; its 
chief dillerence from the other, is by binding those members who receive 
it, to keep it from Orangemen as well as from the ignorant ; has not a 
copy of it, or of the Irish oaths. Witness will explain the title of Gideon- 
ite Society. It is a beneficial society, and takes its name from the Book 
of Judges. 

By Mr. Sampson. Gideonites are united for beneficial purposes; has 
nothing to do with Orangeism ; called Gideonites, as men w ho advocate 
General Jackson, are called Jacksonmen ; Jackson was a warrior, so was 
Gideon ; he was a mighty man, and followed the dictates of God, if scrip- 
ture be true; cannot say why Gideon was selected by Almighty God; 
and if witness follows God's commands, as well as Gideon did, he will do 
well ; Gideon slew the Philistines, and equally did his dutv, as Washing- 
ton did, when he slew the English — Gideon sent the Philistines to Jeri- 
cho, and cannot say he did wrong by so doing. He was a good man, 
chosen to carry God's will into effect, that is the reason why his name 
was adopted ; and, in witness' opinion, better chosen than many modern 
societies; does not know if Gideon took gold earrings and jewels that did 
not belong to him; but Gideon may have done wrong; so has witness, 
and so has counsel, — that is no reason why witness is to be blamed for 
eating meat on a Friday, or going to church to celebrate his deliverance; 
it is not on account of his sword mentioned in the Bible, the name was 
selected, nor on account of his laying a snare for his enemies; witness has 
stated the principal part of the purple oath, which is to be kept secret 
from Orajagcmen ; the oath he read is the moral obligation of the society; 
will not state the particulars of the purple man's oath. 

[Application was here made by counsel, requiring the dignity of the 
court to be vindicated, by obliging the witness to answer.] 

Witness considered, unless he went to Spain or Portugal, no court 
would compel him to answer the question ; he could not answer it. 

[The court required counsel to put the question definitively.] 

Mr. IngorsoU rose as amicus curiae, and would answer for him; the 
witness stated to the court, that he was bound by oath to conceal 
what he had been asked ; and. it appeared to him the question was 
not put as material, but with a view fo throw discredit on his tes- 
timony ; he, (Mr. I.) was totally ignorant of secret societies, but there 
were many of them, of the greatest respectability, to which men of the 
highest and most amiable character belonged ; masonry which was bound 
in benevolence, held sacred their secrets ; and the witness, under similar 
circumstances, was called on to reveal matters totally unconnected with 
the case, then under investigation, but which he could not do ; and the 
court had been called on to exercise its power, by committing him to 



35 

prison for refusing to do so; as well miiiht that court be called on to 
make him answer matters which transpircti in a foreign land, and un- 
der a foreign jurisdiction, and which had nothing to say to the present 
circumstance; it w-as asked, not for the purpose of gaim'tig the light of 
truth, or shedding a ray of intelligence on the transaction, then under 
inquiry, but for the indulgence of passions, and the useless irritation of 
feelings; if the counsel go out of the case, and inquire of matters totally 
irrelevant, the court should not be callect on to take cognizance of it; 
its tendency would be to make a witness choose between the punishment 
of the court, and perjury. If a mason under such circumstances refused 
to answer, could, or w^ould the court commit him, and thereby prevent 
further evidence, because he would not perjure himself; the counsel 
forsooth, said, the witness had gone certain lengths, and therefore, should 
go further. No such thing — such startling inquiries should never be in- 
troduced ; counsel had led him a certain distance, and then complained 
because he cannot lead him further. If the witness hadgqne irrelevant 
lengths, it was no reason he should proceed to still more irrelevant and 
greater lengths,or be required to reply to matters which it was impossible 
for him to do. 

Counsellor Sampson had heard it said, it was irrelevant to the case, 
but he would ask, should a witness come there, triumphantly exulting 
in such a protection, and under the idea, that he held a divine commis- 
sion, strengthen his evidence against the opposite party, by his pecuUar 
sanctity, which he derived from a name, coupled as he had shown them, 
with the extermination of millions ; should such a witness, he would ask, 
be permitted to treat the court as he had done. If he came from a 
country, where he had acted wickedly, it was no reason he should pur- 
sue that wickedness here ; the witness had acted either lawfully or un- 
lawfully ; if he acted unlawfully, but unwittingly, let him say so, and the 
court w^ould indulge him ; but if otherwise, then let tlie court inflict on 
him that penalty, which insulted magistracy would demand. If he 
choose under the pretext of religion, to dictate rules of evidence, and 
control the power of investigation — if he be permitted to trifle thus with 
the solemnity of an oath, there was an end of peace and benevolence, 
of truth and justice. He came there clothed with a supposed power of 
dispensing put as much of his testimony as might be convenient to sus- 
tain his own cause, and that of his society ; he had only to swear he was 
an Orangeman, and then refuse to give his oath, and by silence supp^ess 
the truth, when determined not to reveal it. Would not those poor 
creatures, who came to seek justice at that tribunal, have reason to 
complain, if the oath of a court of justice should be superseded by their 
orange oath, an oath, foul and unlawful of itself; an oath, which, every 
ship that came to their shores, brought with it some melancholy history 
of its infernal elTects; was there a ray of justice in the bench, that 
would permit the oath of an Orangeman to supersede that of a court of 
justice; by no circumstances whatever, in the opinion of counsel, could 
the witness be excused. 

The recorder ruled, that every person entering a secret society, did 
so at his own peril; and when any oath taken there, came in contact 



36 

with a public duty, in a court of justice, that public duty was paramount. 
If the court considered the testimony sought, relevant to the matter un- 
der investigation, it would require Mr. Saunders to answer : and would 
interpose to make him answer; but the present question did not appear 
to the court, to connect itself with the matter; the question could be put 
otherwise ; and in any matter relevant, the court would sustain the 
counsel. 

Examination resumed. The purple is the second degree in Orangeism, 
merely called so from the colour ; the degrees in every society have gene- 
rally some name. 

By Mr. Dallas. Witness did not renew his oath on coming to this 
country ; was at the formation of the first society here ; declared their 
independence of the society in Great Britain ; it has no connexion what- 
ever with Great Britain; there were four lodges besides the grand lodge in 
this city ; did not take the purple oath here; did not think there would have 
been a riot that day in Fifth street, if they had not gone out; they went 
out for the purpose of handing down the event to their children and poste- 
rity ; did not think they would have been displeased at the " Boyne Water," 
as he has heard it at James Hogan's ; witness invited Hogan and Kelly 
to his lodge. Orangemen put the Roman Catholics on the same footin^^ 
with w^omen, in respect to admission into their society; as a woman of 
old destroyed Sampson, thinks they might be endangered by them. 
Witness was a methodist when he took the oath ; was born a Quaker, 
but does not now belong to any ; goes to several churches ; conscientiously 
objects to take an oath ; thinks it wrong to do so ; does not think the 
Orange oath wrong ; does not repent it ; would rather have aflirmed ; wit- 
ness has administered the oath, but had not any conscientious objection to 
do so. 

George Carson sworn — examined by Mr. Hubbell. Witness is one 
of the city watch, and was sent to the Hall by the Mayor; went into 
the Hall; saw a man who wanted to get in, but was prevented; he said 
to an old man, through the window, " You damn'd old rascal, you wont 
be long there — we'll get you out — I see your strength now;" the old 
man said, " Our strength is not much — but what are here, are good;" 
the person outside told witness his colour was not good; witness replied, 
he thought his colour was good; went over to the east side oiUhe street, 
to look for the captain of the watch ; saw the procession come out; they 
had not their swords drawn, nor badges, nor music; as they walked on, 
one person said, " There go the damn'd rascals!" another said, " Are 
we going to let the damn'd rascals go this way?" saw some of the pro- 
cession get some severe blows ; saw one of them take up a brick, which 
had been thrown by the mob, and threw it back; one of the mob tripped 
up a man of the procession, of the name of vSturgeon, and several of 
them kicked him; did not see any attempt on the part of the persons of 
the procession to annoy the others. 

Cross-examined by Mr. Haly. Saw several strike Sturgeon before 
he took up the brick; that was the only one he saw thrown by the pro- 
cession ; witness said his colour was good, as every one had a colour black 
or white; was not an Orangeman or Gideonite. 



37 

Isaac Jlshton sworn — examined by Mr. Brown. Witness was at the 
next door below the Hall on the I'^th of July, last; saw one man strike 
another with an axe handle; he had a patch on his face: [identifies 
Harkan:] there was a considerable crowd there towards 5 o'clock; saw 
some fighting; one of them went down the street, flourishing a knife or 
something; witness did not hear any hurra for king William or king 
George. 

By Mr. Sampson. Saw colours and ribands on them going in; saw 
Neal Harkan strike a man, but does not know which struck first. 

William Percival sworn — examined by Mr. Hubbell, Witness saw 
the society go into and come out of the Hall, on the 12th of July, last; 
there were not a dozen of them out when the riot commenced; saw 
Harkan there with an axe handle ; when they came out, had neither 
badges nor music, nor their swords drawn ; the first stone_ was thrown 
near the African church, and struck one of the procession ; saw a dozen 
or more thrown afterwards ; heard one of the society say, they had bet- 
ter draw their swords; did not hear hurra for king William; did not see 
them provoke or insult the mob. 

Cross-examined by Mr. Dallas. Did not see Harkan strike any one, 
nor any one take part with him at the time. 

Charles fV/iite sworn — examined by Mr. Brown. Witness was with 
the procession the whole day ; saw it go into the Hall; saw three or four 
abuse one man ; observed one man with a hatchet ; some advised him 
to be quiet ; he said, " No, 1 be damn'd if I do — I am where I can speak 
my mind — I don't care for any damn'd Protestant or Orangeman on the 
ground;" saw M'Nally and M'Convill armed with two bricks each; 
saw William Fox, who was unarmed, but he took an interest with the 
people; saw Devin likewise; saw Elliott struck by a brickbat; witness^ 
brother-in-law also got a blow of one ; several bricks were thrown at 
them as they went along ; took the first chance to get away ; went up 
Washington Sf|uares near Seventh street; saw a crowd following one 
of the procession, who had a white belt — he was running at full speed; 
Devin was pursuing him, and flung a stone at him as he \vent along 
Spruce street; it struck him, and he fell on his knees; Devin picked up 
the stone again, and followed him out of sight; witness returned to the 
corner of Sixth and Spruce, and saw Patrick Rcilly with five or six 
others. Reilly said, " Damn the Orangemen and Protestants — now 
where arc they ? I don't see any of them now." 

Cross-examined by Mr. Haly. Witness was not an Orangeman or 
Gideonite ; always celebrated that day ; sometimes in his own house, by 
a treat to his friends, if no other way; was not an Orangeman, because he 
could not afford the expense of company keeping ; joined the procession at 
La Grange; had not a badge or sword; saw some badges; did not recol- 
lect the toasts given in the Hall; did not hear any thing about king 
W illiam, or king George, or any thing against the Catholics : did not 
hear any thing at church particularly against them, though if they were 
there, they might think so; the Rev. gentleman said, they ought to 
rejoice that they had seen another anniversary of freedom from Catho- 
lics; is a weaver, and lives in Budd street; is six years in this country. 



38 

By Mr. Sampson. Had not as yet declared his intentions to become 
a citizen, but intended to do so ; came out in the Niagara ; under- 
stands that it was by his own party the man was killed in consequence 
of the fight that was on board of her. 

Samuel Fatton sworn — examined by Mr. Hubbell. Witness was 
working next door to the Hall on the 12th July, last, when the proces- 
sion was going in ; saw Neal Harkan strike Elliott with an axe handle; 
heard a man with a dirk say what he would do to any Orangeman, and 
went down the street, brandishing it over his head ; when they were 
coming out of the Hall, saw several taking up stones, preparing for them; 
heard a boy tell the men to draw their swords, near the alley, when they 
did so ; three or four bricks were thrown at them, and one of their hats 
knocked olF; saw several following the procession throwing brickbats ; 
the man with his arm in a sling was preventing them, when Cannon 
came out and made him go in. 

Cross-examined by Mr. Haly. Had no connexion with any society; 
when Harkan struck Elliott, heard him say, " Damn an Orangeman, I'll 
kill him ;" cannot say if he was intoxicated ; the man with his arm in the 
sling said to some of the mob, begone you b — g — rs ; w'hen Billy Cannon 
desired him to go in. 

Joseph Wilkiiis sworn — examined by Mr. Hubbelk Witness saw the 
procession going in and coming out of the Hall ; did not see their swords 
drawn ; thinks he saw tv«fo or three badges ; they had not any music 
with them ; saw two or three bricks thrown from the east side of the 
street ; the procession were on th« west ; saw^ a man running up the 
street with a bayonet ; did not see any one with a hatchet ; the mob 
were hurraing when the persons were in the Hall. 

John Hoey sworn — examined by Mr. Hubbell. Witness went to the 
Hall on the 12th of July, last; saw a man with an axe handle striking 
another : thinks it was Neal Harkan had it ; saw Patrick Brady, An- 
thony M'Convill, and Michael Brady go up to Oliver Carson and Thomas 
Condy; saw M'Convill pull a riband out of Condy's breast; they then 
crossed the sirect, and commenced a scullle with one of the procession ; 
and thinks M'Convill struck him; witness asked the man if he was hurt, 
when M'Convill observed, " I would do that to a dozen such Orange 
fellows as that;" for more than half an hour the Bradys and M'Convill 
were raging and swearing against the " bloody Orangemen;" Wyall, the 
constable, in attempting to seize M'Convill, was knocked down by him, 
while another struck at him; Albright,endeavouring to takePatrickBrady, 
was knocked down by two or three of them ; the procession, at that time, 
were in the Hall ; witness told Albright it was the CathoHc party knock- 
ed him down ; saw Patrick Brady again in the street with a bayonet ; 
heard him say, shaking it over his head, he would " put it into any Orange- 
man, or Protestant, or Gideonite that would go near him ;" the Mayor 
came down ; and heard some of the mob say, they had a notion to knock 
him down ; saw Devin go up to M'Carron, who had a small piece of 
Orange riband on his finger, and, w^ith his fist to his nose, say to him, 
" You damned rascal, if you hold that up any more, PU knock your 
orange soul out;" witness saw the mob collecting bricks, and preparing 



39 

lor action ; saw William Fox and Barney Brown on the fence ; one of 
them said to a man of the procession in the Hall, shaking his list at him, 
'* /'// mark your gray head, be/ore you go /ionic ;" saw llut^h Flana- 
gan running, with a small axe in his hand ; went into the Hall, and cau- 
tioned them ; when the procession were coming out, the mob cried out, 
"Here they come, downwitht kern, downwit fit hem f^iXiC procession came 
out two and two, as quietly as men could ; did not see any swords drawn 
or badges on, nor music ; heard Saunders in the Hall propose " the health 
of general Jackson," and the memory of general Washington;" heard the 
band play *■ Hail Columbia," and "Washington's March;" as they were 
coming out, a brick was thrown at them by the mob, which struck the 
wall above the door; saw the brick go through the window at Prune 
street ; the mob were on the east side, throwing, and damning, and hur- 
raing at a terrible rate ; a dreadful conflict took place at the corner 
of Fifth and Pine streets ; a volley of stones, &c. were thrown at the pro- 
cession ; saw a stone thrown at Evans, which must have hit him ; saw 
Flanagan there, very ferocious, with a hatchet in one hand and a brick in 
the other, run amongst the procession ; saw the mob go into the black- 
smith's shop, and take out tools, (tc; saw a man lying on the pavement, 
at the corner of the street, dressed in black; witness went over to him, 
and thought he was dead ; asked a person standing by, if the man was 
a Protestant or a Catholic; he replied, " Why do you ask, I think, by 
your asking, you are one of the damned Orange party; if I thought 
so, I would serve you the samef' at the corner of Sixth street, saw a 
man [James Redmond] push three of the procession out of the house, 
who sought refuge from their enemies; he had a sword and belt, taken 
from one of the procession; saw a man with his head tied up, and a 
brick in his hand; he said he was not killed yet, but would kill five or 
six before he would give up. 

Cross.-examined by Mr. Haly. Went to La Grange that day, in com- 
pany with James Hare, and heard the oration, and was invited to walk 
in the procession ; does not belong to the Gideonite or any other society; 
the procession was going down between the Hall and Prune street, 
when the lirst brick was thrown; saw three or four bricks thrown from 
the east side before the swords were drawn ; only saw one stone thrown 
from the west side ; did not see any of the fighting with swords ; saw 
Flanagan about a year ago ; has met him several times, and knew him 
as well as he did David Paul Brown. 

By Mr. Dallas. Was a manufacturer of cotton and wool ; heard of the 
procession from several Protestants ; is twenty -one years in this coun- 
try ; never saw a Protestant procession before ; had attended masons 
and butchers' processions, and Lafayette's also. 

By Mr. Sampson. Saw Devin and Fox there ; does not know who 
invited him; cannot tell whether Fox invited Hare, or Hare invited 
Fox; witness attended the trial with reluctance on subpoena. 

Robert M' Clatchey sworn — examined by Mr. Hub bell. Witness was in 
Fifth street, in a gig, on the l"2th of July, last, and saw the procession come 
out of the Odd Fellows' Hall: the mob was on the east side of the street, 
throwing bricks at them — and saw one with three or four bricks in his 



40 

hands; does not think tlie procession had their swords drawn, when 
they came out ; thinks he saw one with a sash on ; they walked peace- 
ably ; heard one of the mob cry out, " Now is the time to kill the 
damn'd rascal, loe'll never have a better opportunity;^' after the 
bricks were thrown by the mob, saw one of the procession cross the 
street with a sword. 

Cross-examined by Haly. Does not know the person who made use 
of that expression; heard others say so; did not know the procession 
was in the Hall till he got there ; the crowd was in consequence of the 
procession. 

By Mr. Dallas. The swords were not drawn, to the best of witness' 
knowledge, before the volley was thrown, but was not positive. 

Andrew M'Mullen sworn — examined by Mr Hubbell. As the pro- 
cession was going into the Hall, on the 12th of July, last, saw a rush 
made on them, when several of them turned and went home ; saw Neal 
Harkan in front of the mob ; witness walked about until dinner was 
over, and on his return saw a man with a hatchet. Witness thinks it 
was Flanagan — he was talking about Orangemen, and said, " thank 
God I can say here, what I couldn't say in Ireland — to hell with all 
Orangemen and Protestants, and all that take their part." Witness 
then went up the alley, and into the Hall ; when they were preparing 
to go out, they were taking off their badges at Mr. Evans' request. 
Ev&ns first went out, and as he stood on the steps a brick was flung 
which struck the door over his head ; they had not their swords drawn 
coming out ; the procession went down Fifth street, and when near 
Prune, a general atteick was made on them, on which they drew their 
swords ; brickbats were flying at them from the east side all the way 
down. 

Cross-examined by Mr. Haly. The procession was at the African' 
church when the brickbats were thrown, and it was there the swords 
were drawn ; is a Methodist, and his father says he is twenty-one years 
of age. 

Re-examined by Mr. Brown. The first brick thrown, was the one 
flung at Mr. Evans when on the steps of the Hall. 

James Hare sworn — examined by Hubbell. Saw a riot in Fifth 
street, on that day, when the procession was going in ; commenced by 
M'Convill and Patrick Brady saying Ihcy could whip Orangemen ; 
Brady hurra'd for O'Connell, and went up to Thomas Condy and pulled 
some ribands out of his breast, and asked him what business he had to 
wear them; saw Condy struck some blows and kicked; saw Brady af- 
terwards, between the Hall and Prune street, flourishing a dagger or 
bayonet in his hand at the head of some men ; saw Al!)right and an- 
other constable knocked down trying to take him ; saw the procession 
come out; docs not think they had swords or badges; they had no music; 
saw the mob run after them, and throw stones and bricks at them. 
Saw Francis Reilly, one of the mob ; he was a great iiand at throwing, 
and seemed the greatest among them, doing mischief; [identifies 
Reilly and Jii-own;] did not see Brown throw stones, but he wa^ among 
the rioters ; [witness here identifies Michael Woods, though not on trial. 



41 

asbeiiig a "very groat hand" at throwing;] tlie procession was beaten, 
and stones thrown at them all the way ; did not sec the battle at the 
corner of Pine street. 

Cross-examined by Mr. Ilaly. Saw Woods opposite tlie Hall, among 
the rioters; went to see the procession by the invitation of his shopmates: 
is a weaver ; was brought up a Methodist, but does not belong to any 
church ; had not a brick in his hand that day ; might have had a stick 
in his hand some part of the day, but had not one in Fifth street. 

By Mr, Sampson. Witness walked in the procession as a Protestant, 
and approved of it; does not know that their object was otherwise than 
that stated by them ; has not joined any church ; heard nothing in the 
procession about .Tames the second or Popery; was in church; the 
pope's name might have been mentioned there ; did not hear any thing 
about " the beast," or '■^scarlet whore f^ thinks king James's name was 
mentioned ; does not recollect what was said about godliness, but recol- 
lects the bricks. Witness was born in this country. 

Willia'tn Kean. Witness was in the procession on that day, and 
went to the garden, and afterwards to the church; was in the' street 
during the riot ; saw Elliott and another person bleeding ; heard a fel- 
low say, " to hell with king JVilliani and all Protestants, and hurra 
for O'Connell — this is a free country;'' did not see the man with the 
bayonet, but saw the man with the hatchet ; those of the procession had 
not their swords drawn on coming out of the Hall, nor any badges on, nor 
music ; the mob was hollowing, but witness was a little " through other," 
and could not exactly tell the persons who were throwing the bricks 
and coal; saw some of his neighbours there, but would not like to men- 
tion their names; [wdtness was required by the court to state their names;] 
siiw Fox, Francis lieilly, James Duflfy, and James Oliver, all throwing 
and exerting themselves ; the throwing continued all down the street, 
in showers ; saw a man lying as if dead, at the corner of Fifth and Pine 
street, and one of them hit him with bricks — it Avas the opposite party 
to the procession that hit him ; witness did not get struck, though the 
bricks passed thick ; saw an old gentleman of the procession who was 
followed by a person out of an alley and struck with a spade in the 
shoulder — did not see any of the Catholic party go into the smith's shop. 

Cross-examined by Mr. Sampson. Was a little scared through fear ; 
was not " through other" from drink ; had only one glass of gin ; had 
his eyes in every direction, and saw nearly as much as two ; was an 
Orangeman, but not in this country; was not bound by it to any thing 
but good Protestantism and Christianity — and would be (rcc to Catho- 
lics if they would be free to him; Catholics would be admitted into an 
Orange lodge, if they went into it as Protestants did; is not a Gideon- 
ite; went there to celebrate the religion his forefathers had gained for 
him ; is a Methodist ; when w itness spoke to Fox about his conduct he 
replied, " you have given us the first insult.'' 

Jose})h Stewart sworn — examined by Mr. HubbcU. Witness was with 
the procession on that day, and when going into the Hall, was pulled 
back; the man with the " severe nose" was " at" witness with his tist — ■ 
also got a kick, but does not know from whom; saw Patrick Reilly and 

6 



42 

Flanagan there, who had a hatchet in one hand, and a brick in the 
other ; one person who gave evidence, said to witness, as he was wiping 
the blood olF his nose, in the Hall, " YoiCll get more of it tvhen you 
come out;" saw also Edward Donaghy, Reilly, and Charles Brady, with 
bricks; walked with the procession, from the Hall, a short distance; 
the bricks were going so fast, that he left them and w£nt back to the 
Hall, and took a glass of wine with Saunders ; they had no badges nor 
music, nor were their swords drawn on leaving the Hall ; did not think 
that any of them belonging to the procession, were of a notion to hurra 
for king AVilliam ; they were more inclined to get away. 

Cross-examined by Mr. Haly. Is not a Gideonite ; is a mason and 
an Orangeman in this city ; is two years in this country ; walked in 
the procession the whole day ; had a red and blue badge on his breast ; 
has worn it on St. John's day;* c^mnotgive counsel any idea of the oath; 
when witness took it, was bound not to tell it ; is twenty-five years of 
age, and took it eleven years ago. 

By Mr. Dallas. Is a labourer; heard of the meeting in the news- 
paper ; got the badge coming from the garden ; put it on from curiosity; 
does not know the street he bought it in; it was no matter to witness 
what badge he put on ; has worn the same sort of a badge on St. John's 
day, in Ireland — and, as a mason and Orangeman ; did not observe the 
colours of the other badges ; left the procession to get his; a woman cut 
off two pieces of riband for him, out of which he made it. 

By Mr. Sampson. Walked in the procession to celebrate the victory 
his forefathers had gained at the battle of the Boyne; only knows of that 
battle by hearing of it; witness would fight for Gideon, and a Protest- 
ant, that day, here or any where ; would not let any one knock him 
down, if he could help it ; does not know that he would fight for a Pro- 
testant, right or wrong ; witness, of course, would not be right in fight- 
ing for him, if he were wrong. 

IValter Mien affirmed — examined by Mr. Hubbell. Witness walked 
with the procession that day; heard a man in the crowd say, " if he 
could get near Britton Evans, he would never get home with his life;" 
when the procession came out of the Hall, a brick was thrown by the 
mob, which struck the ball-room door; " away with the Orangemen — 
down with them," was the general cry; before they got to Prune street, 
there was an attack made on them, with stones, and bricks, and bottles; 
at Prune street, Evans turned about and drew his sword, and said, 
*' Men, keep steady;" did not see any thing thrown by the procession 
until they came to Pine street, when there was a general discharge of 
stone coal and bricks; witness then raised a brick, and would have used 
it, if he could, but did not; they had to retreat, and witness cleared 
liimself up to Sixth street ; saw a man running up Pine street, in his 
shirt sleeves, with a spade; does not think he belonged to the procession. 

Cross-examined by Mr. Haly. Is not a Gideonite or Orangeman ; was 
told there would be a meeting of Protestants, a week previous to the 12th 
of July. 

* A great festival in Irelaiul, but more particularly observed by the Roman Catholics. 



43 

By Mr. Dallas. Wore a badge that day in his breast; it was yellow, 
not orange ; wore it because it seemed a general thing; it was given to 
him at La Grange garden. 

Benjamin Farris. Witness, with Engleman and Bramble, watch- 
men, went to the Hall, and were invited by the persons inside to take 
some dinner, which they did; afterwards went across to Cannon's; heard 
the crowd swearing about the Orangemen ; witness asked a large man, 
who was there, who the Orangemen were ; he replied, " they are a 
dam7i'd set of I'ascals, and ought to he killed-'^ witness observed, he 
ought to let them go civilly ; he said, " he would let them see what he 
vmuld do to them,, when they came oiitf the same man struck Blaney ; 
the procession, on coming out, had not their swords drawn ; saw the said 
man take up two bricks, which witness made him lay down — on which 
he said, " By Jesus! I will knock your brains out!" he afterwards picked 
up two more, one of which witness saw him throw'at the procession; 
saw seven or eight others also thrown at them, at the same time ; saw 
one of the procession who had a sword, down on the pavement, and five 
or six kicking and abusing him ; witness and two others seized some of 
them, when there was nearly a ton of coal thrown at them, and the 
person who witness had by the collar, kicked him in a tender place, 
which obliged him to let him go; did not see the persons composing the 
procession, who appeared very nice sort of men, do any thing to the 
mob; even after Reilly had been bound over at the Mayor's olfice, he 
went back and seemed very busy there. 

Cross-examined by Mr. Haly. Dubois invited witness and friends to 
eat something; only knew Jerry Saunders and Colter; heard some songs 
and toasts, and " Hail Columbia;" saw ribands on them going is; does 
not know who kicked witness; it was not an Orangeman, because the 
person said, " They are killing the Catholics;" saw Reilly hollowing, and 
running with the rest, after being arrested. 

James E. Thompson affirmed — examined by Mr. Hubbcll. Witness 
walked with the procession to the Hall ; saw Neal Harkan with an axe 
handle; he had a patch on his nose; the mob followed them close, hur- 
raing; one of them had a spear or weapon, which appeared as if drawn 
out of a handle; the persons belonging to the procession behaved them- 
selves quietly and modestly. 

Harvey Farkhill affirmed — examined by Mr. Hubbell. Witness was 
standing close to the Hall, and saw the procession come out very peace- 
ably ; saw the stone thrown from opposite Cannon's door, over at them, 
which struck the wall ; also saw the brick thrown which went through 
the window in Prune street ; saw a funeral at St. Mary's burying ground, 
and the people left it, and joined the rest at the corner of Fifth and 
Pine streets, in throwing all kinds of missiles ; after the procession had 
retreated, saw a man dressed in blue or black, lying on the pavement, 
and on inquiry, heard that he was one of the Protestant party. 

Cross-examined by Mr. Haly. Did not walk in the procession that day; 
was there accidentally ; witness assumes a new name ; is a Catholic, but 
not a Roman Catholic. 

William Smith sworn — examined by Mr. Hubbell. * Went to La 



44 

Grange, and heard Mr. IlubbcU deliver an oration, and afterwards to 
church ; in the course of the day, went to the Mayor's oflice to see a 
man of the procession, who liad been brought there, but they let him 
go ; they had not much against him, or thinks they would have held him; 
heard Neal Harkan cursing the procession when going in ; he said they 
were looking for the face of an Orangeman; saw a constable fix a string 
to his mace, when witness thought there was going to be " pretty hard 
work ;" saw one man with a bayonet, who appeared a leader ; the officers 
went in search of him, and were attacked by the crowd ; Albright was 
" hammered at a pretty rate ;" the constables got away ; a few struggling 
Protestants were there, and the mob trying to catch as many of them as 
they could ; saw one man, whom witness thought was a Protestant, and 
they were running after him ; they threw a brickbat at witness ; got his 
fingers cut, but does not know how ; would know Catholics by their 
faces any way; they look " pretty ferocious;" at any rate could tell them 
on that day; saw twenty attacking one. 

Cross-examined by Mr. Dallas. Was born in this country ; will be six- 
teen next November, 

James M'Farland sworn — examined by Mr. Hubbell. Witness went 
to church and remained until the procession came out, when he saw two 
men make a dash at them, when the constables beat them off; saw a 
young man of the procession knocked down by five or six of them ; heard 
them swearing and hissing, and saw several brickbats in their hands. 

James Jlrmstrong sworn — examined by Mr. Hubbell. Witness was 
standing opposite to the hall that day, and heard Anthony M'Convill say, 
" I have beat one man, and thank God I am able to beat every one of 
them ;" saw Harkan strike Robert Elliott with an axe handle, over the 
head or shoiilders ; saw Patrick Brady alongside of him, with a bayonet, 
hurraing; saw Brown, Oliver, M'Nally, Fox, and Patrick Reilly there; 
did not see them do any thing. 

James Mitchell sworn — examined by Mr. Hubbell. Witness joined 
the procession in Sixth street, and went with it to the Hall; when going 
in observed a man from the east side, strike a man on the head; does not 
know either of them; saw one man stripped, with a small hatchet in his 
hand, and making severe threats ; thought he would be likely to take some 
one's life. On coming out the procession had not their swords drawn, nor 
badges, nor music ; saw a brickbat thrown, when it was coming out. As 
they went along, the procession dropped off, while the others got stronger 
and more vicious, cheering and throwing brickbats. 

Cross-examined by Mr. Haly. Does not belong to any society ; just 
went out of curiosity ; seldom takes a holiday, but took that day, as all 
work and no play makes Jack a dull boy ; and on his way went to Smith's 
garden, as he had never seen a rail-road before; did not drink any thing 
at La Grange ; could not even with paper, pen, and ink, give counsel any 
idea of the numbers round the Hall that day ; was raised a Presbyterian, 
and continues so. 

John Sawyer sworn — examined by Mi-. Hubbell. Saw such a mob 
in Fifth street, .that he thought it dangerous to be there ; going up Prune 
street close to a tavern, saw a party of men ; two in front had guns, and 



45 

another liad a cluh ; llieir appearance was so suspicious, that he went 
nnd gave infornnation at the Mayor's oilicc, 

Hugh King sworn— examined by Mr. TTubbell. When the proces- 
sion was marching to church, the "Coyne Water" was playing; heard 
a man say, " damn their souls, they will not play that to night." Wit- 
ness dined with them at the Hall ; and on their coming out, the mob com- 
menced throwing brickbats, with which they pelted them all the way 
to Pine street, and there they gave it to them ; saw a man with a dark 
coat lying on the pavement ; witness got up on a step, and commenced 
talking with an old woman, to prevent their supposing he was one of 
them ; did not see any oirence given by the procession ; they were in fact 
too much frightened to do so. Witness is an Orangeman ; was made in 
Europe; is three years here; did not as yet declare his intentions of be- 
conriing a citizen ; but it is his intention to become one ; witness' brother 
is likewise an Orangeman. 

Napoleon Evans sworn — examined by Mr. Hubbell. The procession 
was interrupted going into the Hall ; a gentleman told witness' father in 
the Hall, they were making preparations outside against them. When 
his father first went out, they shouted ; and going down Fifth near Prune 
street, heard a crash, and saw the window of a grocery store broken ; 
his father desired them to draw their swords ; the men did not hear him, 
and witness repeated the order ; when they got to Pine street, a volley 
of bricks, stones, &c. were thrown at them ; the procession stretched 
itself across the street ; saw Flanagan lying down ; saw a man with a bar 
of iron approach his father to strike him; witness told his father to mind 
himself; saw porter bottles and stone coal thrown ; the procession had to 
retreat; a person standing near his father, was levelling a brick at him, 
when one of their party said, "damn you, why don't you strike, if you don't 
strike him, I will." Witness, his father, and brother, were the last ; his fa- 
ther did not strike Flanagan that day ; could not have struck him, or any 
one that day, without his seeing it ; saw a boy called Nelson, throw at 
the procession, and Patrick Brady shouting like an Indian. 

Archibald Neill saw the procession going into the hall ; saw a man 
standing against an awning post, with a riband in his breast, attacked 
by four ; saw another man with a piece of riband in his fingers as if 
taunting ; saw a police oflicer kicked and knocked down. 

Cross-examined by Mr. Haly. Docs not know the man who had the 
ribands, taunting them. 

William Paul sworn — examined by Mr. Hubbell. Saw Neal Har- 
kan strike Elliott with an axe handle, over witness' shoulders, on that 
day. Witness and the rest of the procession were directed to behave 
peaceably ; saw men with stones and brickbats, on the other side of the 
street ; saw a man knocked down at the corner of Fifth and Pine streets; 
witness helped him up; did not see the attack in Pine street, being in 
the rear ; witness was not recognised. 

Cross-examined by Mr. Haly. Walked in the procession ; is an Orange- 
man of Lodge No. 1, in this city; is not a Gideonite; was not one in 
Ireland ; was a citizen before he was an Orangeman ; is here since 1819; 
got his papers out of the County Court ; does not know the man who 



46 

was lying down in Pine street ; saw blood on his face ; the procession 
threw back some of the bricks that were thrown at them ; witness did 
quite enough to take care of himself; they were flying as thick as hail- 
stones. 

By Mr. Brown. Means to say they were coming as thick as hail, from 
the east side ; they were all scattered. 

William Moore sworn — examined by Mr. Brown. Was in the Hall 
when the procession went out ; witness, Saunders, and M'Murtry re- 
mained to settle the money; they staid three quarters of an hour after 
the procession ; witness heard the mob hurraing through the windows, 
but saw nothing of the "matters that passed; the procession did not go 
out with their swords drawn, nor badges on, nor with music ; it was not 
a white band they had ; there were not any white musicians amongst 
them. 

Cross-examined by Mr. Haly. Saunders was not five minutes away 
from witness, and does not think he was with the procession during that 
time ; is master of an Orange Lodge in this city ; is treasurer of the Gi- 
deonite Society. 

Edivard Rourhe sworn — examined by Mr. Hubbell. Witness is ap- 
prentice to Mr. Morrow, blacksmith, at the corner of Fifth and Pine 
street ; saw the mob that day coming down, and the procession with Mr. 
Evans and his son in front ; the mob had bricks, stones, &c.; when they got 
to the corner of Fifth and Pine street, a bottle was flung at the men with 
the swords, and broke on the pavement; saw a man with a shovel beat 
a person belonging to the procession ; saw one of the mob pick up a stone, 
and call out to " kill the damned yellow bellies;" when the bricks were 
all thrown, they came and took whatever they could get out of Mr. 
Morrow's shop ; saw a man with a blue coat lying on the pavement, cut 
over the eye with a brick ; saw another lying at Mr. M'Mahon's, and a 
man beating him with a sword ; it was not Mr. Evans who was beating 
him. 

Cross-examined by Mr. Haly. Did not know the man who was beat- 
ing the other witli the sword ; cannot say if it was Elliott. 

John Murphy aflirmed — examined by Mr. Hubbell. Witness went 
on that day to La Grange, as lie had always done ; at the corner of Fifth 
and Walnut street, heard some of the crowd say, " they would kill those 
damned Orangemen before they got home, they should not be allowed 
to walk, this was a free country ;" saw M'Convill with a short dagger 
at the Hall ; after dinner it was' agreed to go out without badges or 
music ; on going out, saw Mr. Cannon trying to get a man away ; he got 
clear of Cannon and commenced throwing bricks; one of the carpenters 
on the building next the Hall, said to the mob, " you're a damned set of 
cowards, after the threats you have made, you now run like sheep ;" 
saw a shower of bricks thrown at Powell street. 

Cross-examined by Mr. Haly. Is a Gideonite, and an Orangeman ; 
called every man a brother, who would act as such ; was made an 
Orangeman in Ireland ; is a citizen of the United States ; and was here 
fourteen years. 

Alexander Johnston sworn — examined by Mr. Brown. Went to the 



47 

Hall on the I2ih of July, last, and had his wife with him ; a person came 
in and told Mr. Evans there was a mob collecting outside, and advised 
the men to take olF their badges; thinks Fkmagan is like the man who 
had the hatchet; the procession went out Vvithout their badges; the 
band appeared to be black, audit was left behind. " General Washing- 
ton," and " General Jackson," were given as toasts. 

Cross-examined by Mr. Sampson. Heard no toast of king William; 
would be glad if it were given, as it would warm his heart to the cause, 
and the Old Country he leftj though he never expects to see it again. 

Thomas Magood sworn — examined by Mr. Hubbell. Witness walked 
and dined with the procession, on the 12th of July, last ; saw it leave the 
Hall; saw bricks thrown at them above Powell street, and as they went 
along; saw M'Convill there, cursing and damning them for walking. 

liobert Elliott affirmed — examined by Mr. Brown. Was in the pro- 
cession, and at the Hall ; Evans, was at their head ; went out of the Hall 
to bring a friend in, whom he heard was badly treated, and saw a man 
there with an axe handle; after dinner several accounts were brought 
in, that the mob was preparing to attack them, and that arms were con- 
cealed ; they agreed not to bring the music with them, or to wear badges 
going out ; Mr. Evans addressed them, saying they should not give any 
taunts or provocation to the opposite party ; and believes it was looked 
to ; about a dozen had gone out with witness, when he got a blow 
of a stone in his side, and his hat was knocked off; in stooping for it, got 
another blow in his back; when they got to Pine and Fifth street a general 
attack commenced; ten or eleven of the procession were separated from 
the rest, and against these the mob directed their chief fury ; witness 
was knocked down, and received a stab in his thigh, in two places, from 
one of them; when he got up saw Osborne; they were chased by the 
mob and went into a house ; the landlord said they could not stay there ; 
got out the back w^ay, and went to the schoolmaster's in Eighth street ; 
and felt very weak ; told him he had been in a procession, and had been 
beaten ; threw off his coat; remained until the constable came; M'Nally 
struck witness with a stone ; saw Patrick LalFerty at the head of the mob 
with a brickbat; [identifies him;] will not undertake to identify Bryan 
Mount. 

Cross-examined by Mr. Haly. Did not strike any one except at the 
time he was knocked down, at the corner of Fifth and Pine ; struck them 
with his fist ; does not recollect striking them with his sword ; had no 
chance of using- it ; did not see Mr. Evans strike any one ; did not see 
any of the procession strike any one ; had quite enough to do (o mind him- 
self; told the schoolmaster he was afraid the lawless mob would abuse him; 
that was the punishment he meant; did not put his sword in the closet, 
but behind the door, for fear of the persons coming up and getting it; was 
an Orangeman in Ireland ; is not one here ; has been out of the way 
of it five years; is not a Gideonite; is a citizen, and belongs to a volun- 
teer company in this city; got his sword at La Grange ; thinks from Fjvans, 
and was made an officer of the day ; his badge was a small piece of ri- 
band ; had purchased it the night before ; understood they were to wear 



48 

something of the kind to distinguish thennselves ; every colour was there ; 
seven or eight wore green. 

[The case for the prosecution was here closed, reserving the right of 
calling two more witnesses to the identity of two of the defendants.] 

George Campbell proved the service of subpoenas on Joseph Hurst 
and Francis Cooper, the two witnesses against whom attachments were 
issued, on application of Mr. Hubbell. 

Mr. Haly having intimated his intention of producing evidence to re- 
but and disprove the testimony of the witnesses for the prosecution, re- 
specting certain material facts, which Mr. Ingersoll objected to ; an 
animated discussion arose with respect to the points upon which wit- 
nesses could, in the present stage of the investigation, be permitted to 
give evidence ; or rather as to the legality of their admissibility at all; 
which was supported by Messrs. Brown and Ingersoll on one side, and 
Messrs. Sampson, Dallas, and Ilaly on the other, with considerable ta- 
lent, when the court acknowledged that considerable ditiiculty existed, 
in preserving or maintaining, in a double prosecution, like this, the rules 
of evidence with cither strictness or precision ; and would consequently 
relax somewhat in the severe observance of them; ruled, that as the 
first prosecution was on the part of the commonwealth, and the request 
to examine these witnesses was made on the part of the commonwealth, 
the court would freely allow counsel to call witnesses to rebut the evi- 
dence given against them, and go into a regular defence, as if no first 
prosecution had existed. 

DEFENCE. 

First witness called, was 

Michael Carlin sworn — examined by Mr. Haly. Witness was in 
Fifth street on the 12th of July, last, and saw Evans turn on his heel, 
and draw his sword ; the others drew their swords at the same time, 
and proceeded down Fifth street; did not see any bricks or stones thrown 
until after the swords were drawn ; if such were thrown witness must 
have seen them ; they drew their swords the same way as Evans did, 
and flourished them ; witness felt alarmed and frightened; the crowd 
was not so close to the procession as to be struck by their swords ; 
the bricks were first thrown from opposite the new building next the 
Hall, when the head of the procession was opposite the African church. 

Cross examined by Mr. Brown. It was between 5 and C o'clock 
when witness got there ; saw some Police officers taking prisoners along 
the street ; did not see Blaney or Albright there ; does not know the Po- 
lice ofiicers by name ; docs not know vi'ho was arrested ; knows Patrick 
Brady and Bryan Mount ; did not see them there ; docs not know Flana- 
gan, was there an hour ; remained till the general fight was over ; saw 
the Mayor advising M'Carron to go home; thinks the row was in conse- 
quence of him ; witness is a Roman Catholic. 

By Mr. JIaly. Saw M'Carron with a piece of riband in his hand. 

Alexander IV. Read afiirmed — examined by Mr. Haly. Was in Fifth 
street, opposite the Hall, when the procession was coming out; the boys 
shouted, " Here they come ;" witness rivetted his eyes on Evans, who 



49 

desired his swordsmen (o come directly in his rear; retreated backwards 
and turned on his left heel, and gave a svvini^ of his sword round his 
head ; saw a young man there throw a brick ; it was the result of passion 
at the moment; he was a young man of tender years; it rebounded to- 
wards the African church ; that was the first and oidy brick witness saw, 
if his eyes did not deceive him ; the motion of the Orangemen was rapid; 
their march was a race; the crowd were principally boys, who got 
ahead of the procession, and from a heap of coal gave them a volley ; 
thinks it was in consequence of the swords being drawn that the stone 
was thrown ; it was taken for a menace or banter ; witness went up 
Powell street, and saw three or four of the procession with boys after 
them ; witness belongs to the First Presbyterian Church. 

By a Juror. Witness does not himself think that the drawing of the 
swords was a suflicient cause to throw the brick, but supposes the per- 
son who threw it thought so. 

John D. Neff sworn — examined by Mr. Haly. When the procession 
came out, witness heard the boys cry out, " they're coming;" stood just 
below the African church ; Evans, who was at the head of the proces- 
sion, turned a few steps back, and made a sling of the sword; the mo- 
ment he did so, a brick was thrown from the opposite side ; did not see 
any brick thrown before that ; would have seen it if there had ; cannot 
say he saw any of the others flourish their swords. 

Cross-examined by Mr. Brown. Did not exactly see them come out 
of the Hall ; as they came out, witness ran across to the west side ; thinks 
they drew their swords just before they came to the church; did not 
know a man there: did not hear what Evans said to his men; did not 
see him strike at any one ; he made a sort of sway with the sword ; 
witness is a German Lutheran. 

Lawrence 0^ Connor sworn — examined by Mr. Haly. Witness was 
at Cannon's opposite the Hall, when the procession came out ; Evans 
gave the word to the men, and they drew their swords, and flourished 
them over their heads ; moved on a few paces ; heard some brickbats 
were thrown; does not know by whom ; the procession took them up and 
returned them ; is certain there were no bricks thrown until after the 
quivering of the swords, would see them if thrown; did not see Evans 
flourish his sword ; Cannon was standing close to witness, at the door. 

Cross-examined by Mr. Brown. Stood in front of the Hall, a little 
above Cannon's ; was there three quarters of an hour before the pro- 
cession came out; heard no disturbance or noise, nor any shouting or hur- 
raing ; saw no sticks nor stones in preparation before they came out ; 
saw no rush made when they came out ; the procession drew their swords 
when they formed in the street: they were not quite so low as Cannon's 
when they drew ; did not see any throwing of stones at them ; the first 
thing witness saw, was the procession stooping for stones ; is a Roman 
Catholic. 

James O'Donnell sworn — examined by Mr. Haly. Witness lives at the 
corner of Fiflh and Prune street ; knows Wright, who lives near him, and 
who was examined as a witness ; thinks Wright was wrong in saying the 
procession did not draw their swords until after the brick was thrown; 

7 



50 

it was at the African church the brick was thrown ; witness did not see 
them draw their swords, but saw them wdien drawn ; Evans had gone 
down Prune street near Short's, when the bricli was thrown near the 
rear of the procession, at Largys' corner. 

Cross-examined by Mr. Brown. Did not see the brick thrown at Lar- 
gys' corner; only heard the crash it made against tlie ghiss. 

B. IF. Bichards, Esq. Mayor of the city of Philadelphia affirmed — 
examined by Mr. Haly. About 4 o'clock o'u the 12th of July, last, when 
witness got to his office, was informed there was a riot in Fifth street ; 
walked down to the Odd Fellows' Hall, and saw, adjoining it, and in the 
alley next it, a crowd with boys, women, &c.; heard some music, and 
was told the piocession was dining in the Hall; saw a number of citi- 
zens on the other side of the way, who were at that time quiet ; at the 
corner of Fourth and Walnut saw Patrick Rcilly, followed by a crowd 
into an apothecary's, he appeared to be in a state of frenzy; he sub- 
mitted to witness, but seemed to be afraid of every person he saw ; wit- 
ness brought him to the office, Mr. Albright appeared against him with 
several charges, when a citizen offered bail for him, which was taken ; 
witness went back to' the Hall with Blaney ; saw a crowd there; did not 
observe any weapons among them, or any disturbance; went into the Hall 
and iiKjuired for the president of the meeting ; saw Mr. Saunders, who 
told him they had been insulted and annoyed, and would do any thing 
he advised them ; he requested them to dissolve at the Hall, and not to 
present any appearance, but to separate early in day light ; Saunders 
appeared disposed to take his advice, and said they would go in three- 
quarters of an hour ; they compared watches ; witness intended to be 
there at the time, and ordered the officers to be there also; it appeared 
the procession had gone out in half an hour, and the affi'ay was over 
when witness got there ; saw a struggle in which Andrew M'Carron was 
engaged, who was pointed out to him ; he had his arm in a sling; he had 
not any hostile manner about him; witness put him away for safety; 
witness did not tell Saunders he would be there in three quarters of an 
hour ; understood him to say the procession would go out separately : 
was not conscious he was pursued ; is satisfied that no violence was in- 
tended him. 

By Mr. Dallas. Reilly appeared much frightened ; rushed down the 
cellar; when walking with witness a person walked up and joined him 
with rather an appearance of friendship — lleilly said of him, " this is 
an infernal Orangeman ;" Albright charged lleilly with having a bayo- 
net, but it turned out to be a rasp ; saw it at the apothecary's ; did not 
see blood on it ; the apothecary assured witness it was a rasp. Some 
of the swords were brought to his office by ])olice officers — others by 
citizens, who stated they had been left at their houses in the scullle. 
Witness examined one of the swords — it was very bloody ; thinks the rust 
then on the sword, was from the blood ; it had no rust on it when witness 
received it ; never ascertained who had that sword ; it was reported by 
the officers to have been a very active sword in the affray. 

Cross-examined by Mr. Brown. Does not know what became of the 
file; it had no handle; one end was sharp: the man told him he had it 
for his own defence ; did not see it with him when he arrested him 



51 

several clays after; it was brought to the olHce by the man, or his friends; 
gave general directions to Blaney, to have ofEcers on the ground when 
the procession would come out; considered his presence necessary, fronm 
the reports he heard. 

John S. Cash^ Clerk in the Mayor's oflice, sworn — examined by Mr. 
Haly. Viewed and identified a rasp, as being the same one brought by 
Patrick Reilly, to the Mayor's office, which Reilly told witness had been 
at the apothecary's, at the corner of Fourth and Walnut. 

Cross-examined by Mr. Brown. Went down towards the Hall with 
Barger; when the procession was inside, saw a number of persons on 
the steps, and some of them with scarfs and yellow ribands; there was 
a great crowd, and towards Prune street, saw a man using a bayonet ; 
Albright struck him a blow, which Reilly was about to return, when wit- 
ness and those with him, were knocked down and jumped on by twenty or 
thirty persons, who had clubs ; there were about one thousand persons col- 
lected when this happened ; did not see any badges or swords with those 
persons who knocked him down; did not see any clubs with the procession; 
[witness identities one of the swords, then in court, as one he saw used in 
the riot;] would know the man who had that sword, if he saw him; he is 
not on trial ; there was much blood on it ; the one also which Elliott brought, 
had blood on it; [here identifies it;] another was brought by James Car- 
rick, who was bleeding; [identifies his sword;] did not wipe the sword 
with the horn scabbard; [the first one identified;] is now rusty — was not so 
when brought to the office, but perfectly bright; a hammer was brought 
to the oftice, and claimed by Mr. Morrow; the piece of Orange riband 
then on Elliott's sword, was on it when first brought in; the horn sword 
brought up the rear of the procession ; they had drawn swords going 
down Chesnut street; fifteen minutes after they passed, Albright brought 
up a person of the procession, whom he stated had struck him, but he 
let him go ; the person who had tlie sword with the horn scabbard, was 
rather taller than witness — had his back broken, or was very round 
shouldered, and about forty or forty-five years of age ; had a blue coat 
and sash, and several jewels or ornaments hanging round his neck. 

Case for the defence closed. 



The reserved witnesses for the prosecution were then called. 

Joseph Hurst sworn — examined by IVIr. Hubbell. Knows Bryan 
Mount, but did not see him in the riot. lie told witness he had been 
there, and was sent for twice to go; heard from a neighbour he was 
" bedfast,^' and witness said, " The devil's cure to him — what brought 
him there?" the neighbour having told Mount he said so, he challenged 
witness about it, and appeared angry ; witness told him, *' if you staid 
at home to mind your business, you would'nt get it;" he replied, " You 
are right;" asked him if he was hurt; he said he had been beaten. 

[Closed on both sides at half past 1 o'clock on Wednesday, 19th Oct. 
when the Court adjourned to next morning, in consequence of the indis- 
position of counsellor Sampson.] 



52 

Thursday inorning, Oct. 20th, 10 o'clock. 
Mr. Sampson returned thanks for the indulgence wliich he received 
from the Court, in granting him time to collect suflicient strength to 
wade through the mass of evidence with which this case abounded, but 
which, he feared, from the fatigue he had sufFered in coming here, 
together with his declining health and years, he would be unable to do 
as he could wish. Wlien he reflected, that, coming from another state, 
he would have to contend with such shining talents, that, were he other- 
wise circumstanced, he would perhaps risk his professional fame by a colli- 
sion with the lights of the Philadelphia bar. It was not, however, for fame 
or worldly profit, that he came, — it was for those who could not add to 
either, and it was in obedience to that law of God which commanded 
him not to turn his face from the poor. If the purpose of his mission 
were alone to gather laurels, he felt that even those, if any, he had ever 
earned, were more than faded. He came not for triumph, but to ad- 
vance the cause of right and reason, in behalf of those, who had no better 
way of laying their complaints at the throne of justice, than through the 
medium of their advocates; they had chosen him to speak for them, and 
to tell out their sorrows and their feelings, in the bitterness of which 
they had to recur to the ruin and desolation of their forefathers, their 
cottages burned, their women violated, and themselves exiled — these 
were recollections of his (Mr. Sampson's) own manhood; and with such 
feelings did they look to heaven and earth for sympathy, and they would 
not, could not, look in vain : in honesty and sincerity of purpose, they 
would inspire the Court and Jury Avith a knowledge of the wrongs and 
injuries that had stung their hearts; and in looking amongst their friends 
for one who could bear testimony to the source from which those feel- 
ings flowed, they had selected him. It had ever been counsel's lot, to 
dedicate his life and fortune to the service of the oppressed, (in which, 
perhaps, it might be said, he had played the fool,) but he felt fully com- 
pensated by doing Avhat he considered his duty, — his feelings had ever 
led him. for the poor, instead of the rich, because they most required the 
fostering hand of protection. A few days before he had left home, a 
case had been put into his hands replete with all that intolerance and 
malignity of character, which marked the nature of a set of persons, 
who were a disgrace to this state and city. That there could be found 
any so wicked and infamous, as to bring to a free and happy land that 
plague spot of intolerance, that baneful poison of bigotry, which had 
left in every country into which it was imported, such lasting monu- 
ments of cruelty and bloodshed, forbid it, heaven! By such persons, had 
his (counsel's) unfortunate country been plunged into its present state, 
who had sunk it fathom after fathom in calamity and blood, until further 
inflictions were useless ; and, as if another act yet remained to be accom- 
plished by its perpetration, it was to bring to this peaceful and happy coun- 
try the same spirit of bigotry and desolation, and raise the hell-cry of their 
disordered minds. Counsel would mention an anecdote, the subject of 
which occurred as he was travelling to this city, in a public conveyance, 
with eight or nine good men of this country. A few exiles came along 
the road, to seek employment on the rail-road; they were a class of 
people whose object was worthy, and they were entitled to protection. 



53 

Amongst them was a younir ^voman, whosn cheeks hore the freshness 
of the rose, and in her arms was a baby: her clastic step and happy 
countenance, bespoke her country, and to be one of those unfortunate 
victims that were marked for extermination. Though barefooted, she 
was cheered, because she found sympathy in the breasts of the travel- 
lers. She was called to the "side of the carriage, and counsel at once 
told them she was a Catholic and an Irishwoman. With feelings that 
denoted the genuine character of American generosity, a collection was 
made, to purchase a cockade for her infant. At that moment, he (Mr. 
S.) felt an admiration for the spirit of toleration, wliich gave impulse 
to that act of charity; but could not help reflecting, that the next step 
she advanced was to Philadelphia, there to be met, not as she had been 
then, with the soothing hand of charity, but with the deadly howl of 
persecution; then would she hug her inlant closer to her bosom, and re- 
call to her feelings the miseries that occurred at home. That there were 
persons there into whose hands swords had been put, by an officer of the 
law, not for the promotion or protection of that Jaw, but for the sake of 
harassing and oppressing a certain class of their fellow citizens, and 
with that oflicer commanding, inllicting misery and bloodshed; — let them 
(the jury) contrast the instance of American charity, which he had 
given them, with the charity of Jerry Saunders — that modern Gideon, 
becomiijg their ruler,jind wielding the sovereign majesty of the law over 
their country — Jerry ! who went to seven churches, displaying an inso- 
lent and designing sway of intolerance, to the disparagement of all reli- 
gion, and spreading the leprosy of persecution over the land. 

The counsel would make them (the jury) acquainted with what he 
knew: ihey lived in a country, won and held by valour, and might God 
forbid, they should ever know the misery or calamity that spring from 
such distractions as he had witnessed ! Counsel felt an incapacity to 
bring before the jury a sufficiently adequate knowledge of the circum- 
stances connected with the case; but there was a just and wise Provi- 
dence, who often vouchsafed to guide even those of the least intelli- 
gence. He (Mr. Sampson) professed every respect for the counsel who 
opened this prosecution, but he had permitted himself to be imposed 
upon, and was made to utter sentiments, warmed, as the iron taken from 
the fire, with the same heat of Ids clients; but after having thrown so 
much bad stuff off his stomach, had no doubt he w^ould be restored to 
health and happiness. He (Mr. Hubbell) had talked much about king 
James, and wooden shoes, enrolled on the pillars of fame, &c. and went 
from one alcove to another, to collect and muster up old scraps of his- 
tory; lit had read from Jerry Saunders', but he (Mr. Sampson) would 
read from Edmund Purke. History was all very proper; but counsel, 
in similar cases, would do well to refresh his memory; it would indeed 
be very hard that the jury were to have the battle of the Boyne fought 
over again every 12th of July. What were the banks of the P>oyne 
compared with those of the happy Delaware aud Schuylkill' But James 
was no perjurer; he was the chosen monarch of his people, until his 
son-in-law, in his oldtdays, went against him with a mercenary army of 
Dutch, Danes, and Hessians, and with men taken out of the jails, for whom 



54 

there was no earthly grace, and whose hodies were fit food for powder — 
there was part of WiUiam's conduct which counsel admired. His great 
object was to obtain a victory over Louis the Fourteentli of France ; l)ut 
he' cared nothing for rehgion — he even prohibited the Scots from parlia- 
mentary privileges and offices, by penal laws, unless they took an oath, 
from which they were not emancipated until the light of toleration broke 
forth ; but Jerry had talked to them about light. The hero who marched 
against France, was followed by such persons as he was then pleading 
for; and Wellington, knowing the value that the Roman Catholics were 
to the service, forced and carried their emancipation through parlia- 
ment. How many of those brave men, struggling for their country, 
had been consigned, hand in hand, to the gibbet! and their union in 
so good a cause, would have benefitted that country, were it not for the 
faction that is personated by that very rabble : but if there were any 
expectancy of grace for them in heaven, counsel would conclude by 
saying, " Foi^give them. Father, for they know not what they do." 

A rabble bedizened with ribands and strings, a show for boys and 
girls, like a beast decorated with flowers, led by the butcher to its own 
destruction ; but since this gangrene is exalted in character by a justice 
of the peace, it was time to put a stop to it. Counsel was an American 
in his heart, and a Protestant ; his father, grandfather, and brother, had 
been Protestant clergymen ; he was also born in Derry, the very place 
that so much had been talked about; and his ancestors had fought at 
the battle of theBoyne, a circumstance, which, perhaps, he might like- 
wise take a pride in; but trusted his principles of justice were stronger 
than to feel that a" deliverance from wooden shoes," &c. was any thing, 
but the pass word of persecution, and a pretext for robbing the people; 
it was a dirty bird that would befoul its own nest; but a still dirtier one 
that refused to clean it. Counsel respected his ancestors; but when he 
reflected upon their conduct there, in aiding and abetting a system of 
persecution, and taking money which did not belong to them, he would 
again exclaim, " Father, forgive them," &.c. ; the very lords justices of 
the kingdom excited rebellion, which they would not have done, had 
they been the friends of religion, or the stern supporters of justice. 
Counsel would uphold toleration, and sustain Protestant and Catholic 
alike, when deserving ; but he hated bigotry, and considered those Pro- 
testant fanatics to be doubly blameable, by raising an Orange riot ; and 
would put it to the jury, if their leaders did not know that a riot would 
take place in cojise(|uencc of their own conduct on the 12th of July. 
They talking of Jesuits coming here to endanger the country; did they 
think tiie country stood in need of such as they were, to protect her 
institutions? God's warfare and brotherly love, could be equally well 
supported in Pennsylvania and Philadelphia, without Jerry Saunders 
calling on seven churches; forming hollow squares and pivots; and call- 
ing out, halt front, &c. ; did he not know that such processions were for- 
bidden by the king's lieutenant in Ireland; but he was there playing, 
*' walking gallows," and "Tom the Devil," and in the holy name of God 
telling them to drive out their enemies; if they, (the jury,) had to de- 
pend on Jerry Saunders, to wage the swordof Gideon and the Lord, they 



55 

had a pretty sample of liiin ; he could not indeed give any account of the 
sermon, but pleading ignorance or forgetfulncss, sung the same cuckoo 
song with the rest; he could remember the brickbats well enough; but 
lie could remember nothing of the sermon. IJut there was another in- 
dividual, who appeared in even stronger relief before them, in the cha- 
racter of sedition and perjured magistracy; he had brought his son up 
there to give testimony, and added to his other crimes by guiding unin- 
formed youth into the paths of vice ; bedizening and ranking him amongst 
his swordsmen ; leading him to the same disgrace with himself; would 
the jury teach their children so, or call them forward to swear on the 
holy gospel of God, to what was wrong. Counsel agreed with his col- 
leagues, who would not cross-examine the boy, to bring forth fresh or 
further disgrace on the conduct of his natural father. Were those per- 
sons who pretend to know so much of history, and palm upon the jury 
their idle and exaggerated tales of ancient times, to be sutfijred to amuse 
their minds and tingle their ears with stories, kept up for days, of thiow- 
ing of brickbats, and about their having no music nor badges, when one 
witness were enough : but it had been proved that so?ne went out of the 
Hall singly, and they escaped; that there was no hostility against those. 
Some have called them Protestants, and others Gideonites, and had told 
them, (the jury,) it was an ancient custom of Protestants to go out on tlie 
12th of July ; and who were those Protestants of Philadelphia ( there you 
saw them form line and hollow squares, and hrel according to the directions 
of that audacious man. The Protestants of the city and county of Phi- 
ladelpliia, were summoned, indeed, by putting an advertisement into an 
obscure paper, pubHshed in New York. Counsel hoped the jury would 
never see it in their city ; it circulated but amongst the dregs of society, 
and like the purple-man's oath, ■would be found by them to contain tires, 
and faggots, and scraps from old martyrs, and such follies, which for the 
glory of this country, had long been set at rest. No honest man would 
deny that Catholics had been persecuted, and the other side must admit 
there had been fanaticism in ancient times, on their part; they cannot, 
however, in this instance revile the Catholics, for they had been more 
liberal than the Protestants. In the great struggle for Catholic Eman- 
cipation, Pitt and Fox had been for years politically opposed to each 
other; yet such was the claim which reason and justice asserted, and to 
which neither, notwithstanding the prejudices against it, could be blind, 
that they both agreed upon the necessity that existed, of settling that 
question, but which remained for after years to be accomplished, inso- 
much, that Mr. Pitt sent to seven or eight universities on the continent, 
to ascertain if the Pope possessed that political influence which had been 
urged as so great an obstacle in the way of its adjustment ; but monopoly 
and ambition led him to court the grandeur of England, and he was 
promoted premier at a time his sovereign was unable to act. Ireland 
was, in consequence, deprived of those services which where commenced 
for her deliverance, and which might yet have been promoted, but for 
that vile system of Orangeism, which recalled Lord Fitzwilliam — that 
same banditti — that fattened gang, who in the recklessness of their 
hearts, mystified every measure brought forward for her relief, told the 



56 

sovereign he would violate his coronation oath, if he yielded to her com- 
plaints ; an immense debt — hatred cherished by persecution, that sets 
man against man, famine and pestilence were the consequences; and 
the very chains and fetters thus forged in Ireland, were no sooner carried 
to England, encumbering it by tithes and taxes, than its unhappy effects 
were felt and ascertained; we found her people, and amongst them some 
of the kindest and the best of men, both Protestants and Roman Catho- 
lics, unite in urging the legislature to carry through its counsels those 
very measures, for an adherence to which, so many honest and just men 
had formerly bled ; the mystic cloud at length dispersed, discovering the 
light of truth, and like Emmet — Emmet ! called by his malefactors, traitor! 
rebel! and inscribed dead! that illustrious friend ! that friend of America, 
who did more good for this country them he even did for his own ; that 
champion of liberty — that advocate of freedom — who by spreading vir- 
tue, disarmed hostility; was by that same infernal organ, carrying the 
deformed face of bigotry and the lowering crest of persecution, banish- 
ed from his country and from his home, to wander desolate on some 
foreign shore. Emmet was refused admittance to this country, by Mr. 
King, the then minister of the United States ; for which he (Mr. Samp- 
son,) could never like him, but was glad his son had in some measure 
atoned for it, by having in his late work passed an eulogium on that 
great and virtuous man, who lived the greatest example of charity and 
loving kindness; he was now consigned to the shades of departed worth, 
and his grateful colleagues gathering around him, hung their heads, and 
in the court of justice where his spirit fled, raised a monument, and 
engraved another name on the pillar of this glorious constitution. He 
was a Protestant ; but could not bear to see the state of misery to which 
his Catholic fellow creatures had been reduced. That was history, 
better than Jerry Saunders'. The counsel recurred to those circum- 
tances, to show the necessity of checking a system so delusive ; to show 
the quoanimoof the case, and that those people should be held account- 
able for their acts, by which they had outraged the laws; and it would 
serve to guide the minds of the jury to the leading facts, and show by 
having armed themselves with swords, and by their subsequent conduct, 
how those hypocrites in religion had damned the very principle by which 
they would sustain their cause. The juiy no doubt had heard of that 
bright ornament, Edmund Burke; and they knew whether liis authority 
was better than Jerry Saunders'. Though king William was legitimate 
and had a title, yet he was not chosen by the people of Ireland ; he had 
a few Enniskilleners, who counsel would allow were brave devils, and he 
had conquered his father; but no Irishman would boast of him; an English- 
man might, though a penal code followed their deliverance, as they 
call it. 

[Counsel here reads an extract from the writings of Edmund Burke, 
of a letter to sir Hercules Langrish, M. P., on the subject of admitting 
Roman Catholics to the elective franchise.] 

" I shall not, says Burke, think that the deprivation of some millions 
of people of all the rights of citizens, and all interest in the constitu- 
tion in and to which they were born, was a thing conformable to the 



57 

declared principles oi' the revolution ; this I am sure is true, relatively 
to England, (where the operation of these anti principles, connparatively, 
were of little extent,) and some of our late laws in repealing acts made 
immediately after the revolution, admit that some things then done, were 
not done in the true spirit of the revolution. But the revolution operated 
dilFerentlj in England and Ireland in many, and these essential particu- 
lars. Supposing the principles to have been altogether the same in both 
kingdoms, by the application of those principles to very ditFerent objects 
the whole spirit of the system was changed not to say reversed. As lit- 
tle shall I detain you with matters that can as little gain admission into 
a mind like yours, such as the fear, or pretence of fear, that in spite of 
your own power and the trifling power of Great Britain, you may be 
conquered by the Pope; or that this commodious bugbear (who is of in- 
finitely more use to those who pretend to fear, than to those who love 
liim,) will absolve his majesty's subjects from their allegiance, and send 
over the cardinal of York to rule you as his viceroy; or that by the 
plenitude of his power he will take that fierce tyrant of the French out 
of his jail, and arm that nation, (which on all occasions treats his holi- 
liness with so much politeness.) with his bulls and pardons, to invade 
poor old Ireland, to reduce you to Popery and slavery, and to force the 
freeborn, naked feet of 3'^our people, into the wooden shoes of that ar- 
bitrary monarch."' 

Gentlemen, there is no archbishop of York here, but these fanatical 
miscreants will still raise some pretext; we know that George the third 
sent his Scotch troops to guard the Pope, but J believe there is very 
little to be apprehended by the people here, that the Pope will come 
to this country to afflict us with either wooden shoes or brass money; 
but here they would reviv^e the same miserable feelings again that then 
existed, and disregarding the peace and happiness of this glorious con- 
stitution, smother the steady lights which the generous founders of this 
hallowed country, with such generosity of soul and purpose, esta- 
blished. Here where no gangrene spirit dare lift itself, they would 
have those olden times renewed, that would place even quiet Quakers 
and witches together: the fact of a celebrated judge of the land, lord 
Hale, whose abilities as a lawyer were to this day recognised, but who 
so partook of those feelings and prejudices which then unhappily mark- 
ed the state of society, is a just lesson to the world, — presiding at a 
commission at St. Edmondsbury, he directed a jury not, on account of 
conscience, to withhold their verdict of conviction ; and he then pro- 
ceeded to pass sentence on a person who was found guilty of witchcraft. 
Many who were subjected to the resentment of the law for not receiv- 
ing the Lord's supper in a particular way, were driven to New Eng- 
land — were even persecuted there, until in Maryland, amongst the Ro- 
man Catholics, they found an asylum. And now let us reflect while 
they are calling out against them as " incarnate devils," that in Mary- 
land lives Carroll of Carrolton, who with none but brave and good men 
was ever associated; the Adams's, the Jefferson's, and Washington's — 
and all those generous spirits of his day ; to whom he (Mr. Sampson) 
might say he owed his deliverance — it must be a reflection dear to 

8 



58 

his fadtng years, that though there are still to be found fanatics from 
his native land, he had buffeted the waves of persecution, ^nd pledged 
his Hfe, his fortune, and his honour to support a cause which he has 
lived to perfect, but which had it failed, his honoured head, with others, 
would have fallen in the attempt; but he commands our sympathy 
when, in the peaceful decline of his Hfe he is harassed by the cries of a 
lawless banditti against all those who hold his religion; they think that 
they have got into a Protestant country, but it is equally a Jewish 
country, a Seceding country, a fire worshipping country, a country that 
tolerates all religions — proclaiming and shouting against Catholics, and 
with such affrontery go before a jury and represent them as " furious 
and incarnate devils." The counsel had, at one time, his own preju- 
dices, but the nature of his profession, and his intercourse with Roman 
Catholics had, thank God, divested him of them — and he had been the 
advocate of many Roman Catholic patriots, who withheld from him 
nothing of their minds. He had known no better men than Roman 
Catholics, both in the holiness of their lives and the purity of their mo- 
tives ; the counsel had been told by their spiritual teachers, and they 
were the organs of the people, that if thePope were to come here for any 
hostile purpose the Roman Catholics would be the first persons to take 
arms against him. The distinction was very different between Papist 
and Roman Catholic — a Papist knew nothing of religion, but gave his 
devotion to man, and thought the Pope should conquer and sway all 
power over mankind ; not so with Roman Catholics, they admit of no 
such power, they belong to the church of Christ which had no particu- 
lar name ; and if ever there were an invasion of this country, give coun- 
sel those very men, even ignorant, if they choose to call them, they were 
far more honest than the others. A verdict in their favour would be a 
balm and a quiet to their minds, and bind them in ties of still stronger 
gratitude and attachment to this country. Whereas, those who cry 
out for king William and king George, well know they are not faithful 
to this country ; they gave forsooth, " the memory of Washington," and 
some few others, merely to colour their real sentiments, and gild the 
bitter pill — but there was no hurraing. Jerry was to have given twelve 
toasts, and had told them it was usual to wear swords — but they bab- 
bled and cried out for foreign sovereigns, for king William and king 
George, and went out as rioters with their pass words; wondered they 
did not form breast-works, as their counsel had given them the sign. 
They knew all about the brickbats; but they were not Gideonites, or 
Orangemen, then why wear swords? " Look at that Mameluke, said 
Mr. Sampson, [pointing to a Gideonite badge,] that man with his trum- 
pet." Counsel would engage, that if the procession should next time 
get a tailor to make them uniforms, and dress themselves up like him, 
there would be a riot amongst all the boys, blacks, and butchers in the 
city. He gave every credit to Jerry for his ignorance, for he stated he 
knew nothing about Gideon, or the wine press; but counsel was very 
much inclined to think, he knew much more about the whiskey still. 

[Counsel again referred to Burke, on the subject of the Pope's sup- 
posed influence.] 



59 

The jury would, in the opinion of counsel, have very little to dread 
respecting the Pope, unless, indeed, it was from Pope Evans, whose only 
rival in this country would be Jerry Saunders, who prol)ably might 
set up his title against him, and perhaps call him " anti-christ," or 
"Whore of Babylon." 

[Counsel here reads the statute of 1G89, which made it felony of tran- 
sportation for life, to celebrate the mass in the Latin language.] They 
had also read in history, of a monarch, who sutFcred himself to be whip- 
ped by six priests, as penance — given possession of Ireland, for and in the 
holy name of the Pope, and enforcing the payment of Peter's pence, in 
his name. Not long ago, the Dean of Armagh said, " We have driven 
them into Popery, and now we want to drive them out of it." The 
kings of England formerly founded their title solely on the Pope's 
authority. It was well known also that Elizabeth was so capricious 
that she made articles with Ireland, and if they did not please her, she 
altered them; and that she constituted a kind of law macliine, by which 
she confiscated the property of those killed in war; and it was even re- 
corded, that she set up her claim to Ireland, under the name of an an- 
cient king of that country, by reason of Joshua, in the Bible, having met 
king Brutus in the Orkneys, where he got from him a grant of Ireland, 
and in his name she claimed it and its subjects as her own. 

The Irish had no love for king James; those who were untrue to 
themselves, could not be true to others. Counsel would obloquizeking 
James, in God's name, if they (the Protestants) wished ; but let them not 
annoy Philadelphia about it. By Orangeism was meant English inte- 
rest, and so was Protestant ascendancy, both of which were anti-na- 
tional; their supporters could never be quiet in this country, nor had 
they ever disavowed their former principles ; their object was to dis- 
seminate disturbance. [Counsel reads from Burke, to show that by 
Protestant ascendancy, is meant old English pride, dominion, '&c.] It was 
only necessary to set up the cry of mad dog, and plenty would be found 
to join in the hollow. If there were such a thing as provocation on this 
earth, his clients received it. In the most ancient times, it was heroism 
to resent an insult; for even when Peter struck otf the ear of the centu- 
rion, Christ knew he was man, and loved him not the less. 

[Counsel also reads from Burke, to show that this question in Ireland 
was not as a discussion between two parties, for one was tolerated, and 
the other not.] Counsel w'as not an advocate for reading from books, 
but let them contrast the strength and wisdom of Edmund Burke with 
that of the prophet Jerry Saunders, and come to a conclusion between 
the former and the blasphemous expressions and rank intolerance on 
the part of his (Mr. Sampson's) deluded countrymen, who did not buckle 
on the sword of Gideon with feelings of peace, but in the rancour of 
persecution; it could not be to the honour of God they armed them- 
selves with reapers: if they supposed they were actuated by good mo- 
tives, in opposing those " devils incarnate," what right had they to draw 
those devils out? They were the only persons to be blamed, and they 
were alone blameable for every brick that had been thrown. One of 
them struck Albright, because that officer would not join them in their 



60 

orgies. They had not been told who the man was that lay on the pave- 
ment with the blue coat; he had been abstracted, perhaps dead; the 
Gideonites had not, it seemed, made a coirect return of their killed and 
wounded: for argument, he would say they had raised those "devils 
incarnate" in this peaceful city ; let them (the jury) ask themselves, 
w^ould there have been a riot except for them (the Protestants) 1 conse- 
quently every brick thrown was to be attributed to them. The present 
king oi" England, was perhaps the best who for years had been on the 
throne, for he listened to the grievances of his people, and boldly went for- 
ward to promote reform ; the existence of Orange processions was against 
his wishes, and his viceroy in Ireland had accordingly issued proclama- 
tions against them ; but in opposition to him, they had an Orange pro- 
cession in Banbridge, on the 12th of July, last, when the lives of several 
Roman Catholics were lost, but not an Orangeman was killed. 

M'Carron had been placed by them there as a spy ; they sent him 
out with an Orange riband, to tantalize them, and he said, " I am a 
king's man, and I will have my rights." He (Mr. Sampson) would then 
picture to his imagination, that unfortunate woman, in terror, clasping 
her child to her bosom, waiting, in the agony of her mind, the next 
coming act of this banditti ! Her feelings could not be known or ex- 
pressed ; to form a supposition of them, would be vain, and delusive as 
the fancy of the painter, who would attempt to define a phenomenon of 
the sky, which he did not comprehend. When they did not wish to 
gpeak the truth, their excuse was, they did not remember! The absur- 
dity was as ridiculous as the story of Peter Slemin, who lost his shadow! 

Counsel would be glad, if his dear friends (he would call them dear, 
because they were poor) would not mind the orgies of those wretches. 

[Counsel here read from a paper, (the Liverpool Mercury,) a late 
account of a body of Orangemen, all Irish, (and he was sorry to say, 
there were not such devils incarnate any where else,) who went out with 
swords, in a town in Scotland, against the sheriff's orders; they shot a 
constable, and the murderer had been identified.] 

The government of England had employed Plowden to write a his- 
tory of Ireland, with the right of exercising his own judgment, and giving 
him free access to the various records of the country. [After stating the 
union to have been carried by force and perjury, counsel reads extracts 
from that work, showing thatj upwards of seven hundred families were 
driven from Armagh to Belfast, and were supported by persons who ulti- 
mately suffered on the gallows for so doing — that three months after the 
Orangemen were organized, they sj)read terror through the country; and 
that thirty of the magistrates, seeing the state of devastation to which the 
country was arriving, convened and passed, among others, the following 
resolutions, on the 28th December, 1796, and at which meeting, lord 
Gosford, the governor of the county, presided. 

" Resolved, That it appears to this meeting, that the county of Armagh 
is at this moment in a state of uncommon disorder — that the Roman 
Catholic inhabitants are grievously oppressed by lawless persons, un- 
known, who attack and plunder their houses by night, and threaten 



61 

them with instant destruction, unless they abandon immediately their 
lands and habitations." 

The above resolution was proposed, with others, by lord Gosford, the 
governor of the county. " It is," said his lordship, "no secret, that a 
persecution, accompanied with all the circumstances of ferocious cruelty, 
which have in all ages distinguished that calamity, is now raging in this 
country: neither age nor sex, nor even acknowledged innocence as to 
any guilt in the late disturbances, is suflicient to excite mercy, or afford 
protection. The only crime which the wretched objects of this ruth- 
less persecution are charged with, is a crime indeed of easy proof; it is 
simply a profession of the Roman Catholic faith." 

He, (Mr. Sampson,) would then read for them the resolutions passed 
at the meeting of those worthies, on the 3d of June, to which reference 
has been made. 

"At a meeting of Protestants of the city and county of Philadel- 
phia, held at Independence Hotel, on the evening of the 3d of June; in 
pursuance of previous notice, Britton Evans, Esq. was called to the chair, 
and Robert E. Johnston was appointed secretary ; the object of the 
meeting having been stated from the chair, it was on motion 

'■^Resolved, That this meeting deem it a matter of the highest import- 
ance, that they in common with their Protestant brethren, celebrate the 
12th of July, next, it being the one hundred and forty-first year of free- 
dom from Popery and arbitrary power. 

^^ Resolved, That the same be celebrated by a public dinner, and other 
demonstrations of joy; [joy be with them;] and twelve persons be ap- 
pointed as a committee of arrangement, namely : — Britton Evans, Esq. 
Augustus D.Tarr, Esq. James M'Causland, Jeremiah Saunders, Benjamin 
Kennedy, John Murphy, William Moore, Edward Jones, John Murphy, 
junr. John Maywood, John Coulter, and John Mains ; [who are to pre- 
serve you gentlemen, from the fate of being buried with cross-bones, or 
being ever conquered by the devil incarnate.] 

"Resolved, That the committee have power to call meetings, fill va- 
cancies, [and God knows there is vacancy enough,] and appoint sub- 
committees and other ofticers for their assistance, and to provide a band 
of music [tuneful souls !] and other necessary appendages for the in- 
tended celebration. 

''Resolved, That we adjourn to meet at this place on Friday, the 10th 
of June, at 8 o'clock, precisely." 

Counsel would, after that, read for the jury the appropriate speech 
of Jerry Saunders to that meeting, which was like the appropriate 
sermon they had heard of. He, (Mr. S.) could fancy that he saw the 
preacher — good easy man ; God bless him if he held the opinions he 
expressed on that occasion — look around, when his heart failed him, on 
observing the rough faces of the" Protestants of the city and county of 
Philadelphia;" but afterwards, when the collection was made, his coun- 
tenance cheered; and he gave them his blessing ; but what was done 
with that collection, he (Jslr. Sampson,) knows not. 
[Reads the speech.] 
" Mr. Chairman, — We are called together on this occasion, to concert 



62 

measures for celebrating the battle of the Boyne, one of the most im- 
portant events recorded in the history of the Protestant cause. Who 
can look to that eventful day, and picture to himself the misery endured 
by our noble and self devoted ancestors, to obtain civil and religious 
liberty, not only for themselves but for us, and not shed tears of grati- 
tude to Almighty God, who inspired them with courage to stand and 
conquer their numerous and barbarous foes, although wasted by famine 
and disease. The glorious results of that day had been told us by our 
fathers; and that it may make a more tirm and lasting impression on 
our minds, they have by common consent celebrated that glorious vic- 
tory, the benefits of which we, their offspring, are enjoying to the fullest 
extent. The memory of the immortal Walker, and the apprentice boys 
of Derry, [as he, (Mr. S.) was born in Derry, takes that as a great com- 
pliment,'] surely cannot fail to find a warm reception in the heart of 
every true Protestant; and, it is not possible that the distance we are 
now removed from that ever memorable spot, when the bones of our 
ancestors have whitened the plains, and their blood moistened the soil, 
can have the least tendency to chill our affections for the faith of our 
ancestors, for which they suffered all the barbarity that Popery could 
invent. [Still Popery, all about Popery.] It is not my intention to har- 
row up your feelings, by painting in their genuine colours, the evils and 
wretchedness which Popery has brought, and is still bringing on the 
world at large ; [Popery ! colour ! oh, aye — if he had but a httle more 
carmine, but he was afraid to put it on too strong ; and in his (coun- 
sel's) opinion, there was more danger to be apprehended from Jerry 
Saunders than the Pope ;] but it must be obvious to every man of a 
discerning mind, that she is straining every nerve to establish her power 
in this happy country, and to regain if possible, that universal sway 
which she held in Europe. [Happy country ! the gentlemen might go to 
sleep very quietly on their pillows, for Jerry would watch for them.] It 
is then the duty of every friend of civil and religious liberty, to watch 
with a jealous eye over all their movements, as there are at this moment 
shoals of Jesuits inundating this yet free and happy land; and the papal 
see is furnishing them with funds, in the hope that they will be able to 
establish their authority here, which, may heaven forbid! [The Jesuits, 
in counsel's opinion, were just as good citizens here, as any others, and 
their institutions would prove harmless as a sword of lead.] It may be 
asked what course I would pursue [pursue ! fly Jerry ! only if you please, 
we'll have M'Carron with the ribands, and have swords and stab a 
constable,] to counteract the baneful effects of Popery ; I would answer, 
not by persecution of any kind ; but I would say to my Protestant fellow 
citizens, make your children, your friends, and the public at large, ac- 
quainted with its corruptions, and tell them what they may expect if ever 
she obtains the ascendancy. I would urge them to contend manfully 'for 
the faith once delivered to' the saints;' [counsel would'nt wonder if Jerry 
would set up for saint,] and that that may have a stronger influence on 
the mind, let us unanimously celebrate the day on which the worst of 
despots received its death wound. This 1 do not recommend for the 
purpose of injuring the feelings of the advocates of Popery, in this or 



63 

any other country; [considerate Jerry !] but when we see that they arc 
not ashamed to celebrate, and even idoHze the memory of men who 
have caused Protestant blood to flow in torrents, shall we be ashamed 
to commemorate those glorious events which broke the tyrant's chain, 
[quite poetic! Jerry,] and shed light and liberty on the Protestant world? 
If we forget the ashes of a Cranmer, a Rogers, a Ridley, and a Latimer, 
[counsel thinks Jerry knows as much about Latimer as he did about 
Gideon,] and a host of other worthies, who suffered the refined cruelty 
of Popery for believing as we do, they would rise up in condemnation 
against us. These are painful topics to dwell on, but the nature of the 
case demands it; and I should be a traitor to myself, my children, my 
country, and my God, were I to withhold my honest sentiments on this 
occasion. [Counsel thought that Evans was more a traitor for bringing 
his two children there.] The majority of people are on the side of 
truth, but how long they will remain so is indeed doubtful, at least 
while Popish money and influence will have so much control over the 
people. [Counsel thinks, the Pope, poor man ! wants money as much 
as any of them.] They have nearly subsidized the press, and I beg the 
gentlemen present, to bear in mind with what avidity every circum- 
stance that has a tendency to forward their cause, is published to the 
world, and how careful they are not to admit into their columns, any 
thing that will show Popery in its true colours: these are facts that can- 
not be denied. The Philadelphia, New York, and Baltimore journals, 
are ample proofs, if there were no others. [Jerry wants to make the 
people believe, that Chandler, and the other respectable editors of 
Philadelphia, are afraid of the Pope !] We have no daily publication, 
which we can call our own, where we can exhibit our views to the 
world and state our grievances. [Because they are despised by all, 
with nothing to disturlj them but their own fanciful imaginations.] To 
be sure, there is one, called the Protestant, a weekly paper, published 
in New York; [poor fanatics ! were obliged to send home for an editor 
for it, who was discarded from Scotland, jealous that the Pope comes 
between him and his glory, its pages teeming with his own sentiments, 
scraps, and collections from the Book of Martyrs, but wisdom has frown- 
ed it down, for it does not contain a single ray of intelligence ;] but, tell 
it not in Gath, publish it not in the streets of Ascalon, that it is on the 
decline, from want of patronage. [Can't raise the wind, Jerry..] Where 
is the spirit of our fathers ? Almost every town of note in this country, 
maintains a press, devoted to the interests of popery, and is well sup- 
ported, while ours languishes from neglect. Let us arise, then, and do 
our first works over again; [and if they did, they would be bloody 
works;] let us support a liberal and independent journal, to whose co- 
lumns all shall have free access — one that will exercise a due regard 
for our interests, and our whole interests — one that will serve as a bea- 
con, whence may emanate the light of truth." 

In his (Mr. Sampson's) opinion, their meanness might save them (the 
Protestants) from the indignation of the jury; they could not view them 
in so contemptible a light, and be angry with them, were it not that 
they aver the sanction of the law, in the organization of a system, which 



64 



must strike at the root of social order, by recruiting in their service the 
Avorst and lowest of society. 

[Counsel again reverting to the Orange obligation, which he reads in 
sentences.] Supposed the woods were their former places of resort, and 
probably, heretofore, sprung from the gipsies, they made no distinction 
between others and themselves; the inference, therefore, was, they 
mifht injure others; riots were not excepted; would see a brother of- 
fen^ded for twenty-five cents, if not quite convenient to lend him so much, 
but then they had the continence of Scipio, (great laughing;) but if he 
did not know them to be wives or sisters, &c. he would have carnal con- 
nexion: then the spears! the mysteries of the fire-worshipper were 
never equal to it. He (Mr. Sampson) never heard such ribaldry, vice, 
folly, and vulgarity : they were to walk within three paces of a spear ! 
it was like the story of twenty thousand of St. Anthony's men dancing 
a saraband on the top of a needle. 

Counsel, though feeble, would impress on the jury, that they (the 
Protestants) were men of violence. They drew their swords as the 
signal of vengeance ; if they had a right thus to blaspheme God, the 
others had an equal right to knock down constables, and hold green ri- 
bands to their noses; what description of city would they then have? 
then was the time to put it down, by convicting them. They had not 
as yet committed murder, but by convicting them then, the jury would 
probably be saved the more painful task, at a future period, of convict- 
ing them for that crime. The jury would therefore find them guilty. 
Other counsel would follow him, who would do more justice to the me- 
rits of the case, and bring it more fully to their view. 

As to the judgment to be pronounced by that enlightened court, it 
was not vengeance that his clients asked ; if the wishes they expressed 
were known, it would make the court love them for their past griefs, 
and pour the balm of comfort into their wounds. If they were igno- 
rant, it was the fault of others; the court would sooth their angry pas- 
sions ; their manners might be rude, their vices were apparent, but their 
virtues hidden. Would to God he (Mr. Sampson) could speak the feel- 
ings of his heart for them ! but they had chosen him, feeble as he w^as, 
and feebly had he done his duty ; but he had done it fearlessly. More, 
probably, had been expected from him than he had realized ; but his 
great anxiety was to show the danger of permitting a body to exist, 
which nurtured such feelings of persecution and intolerance as had been 
displayed before them: the others had been goaded on, and probably 
error mi^ht be attached to them, but the jury would have some feeling 
for them, under the recollection that their religion had been insulted ; 
and the court, he (Mr. Sampson) hoped, while it dealt its severity 
towards the offending party, would, in case it considered it necessary to 
visit any punishment on his clients, apply the rod of correction as ten- 
derly on them, as the nature of the circumstances would admit. 

Mr. Brown. Following the example, to a certain extent, of the learned 
counsel who liad preceded him, he (Mr. Brown) would likewise recur 
to history, which informed us, that in ancient times, a young and illus- 
trious hero, influenced by the sacred flame of patriotism, plunged into a 



65 

yawning gulf for the purpose of redeeming his beloved country Irom 
anticipated peril or impending calamity — and his name wasyCurlius, 
In the present time a hero scarcely less illustrious if the doctrine be 
true, which emanated from high authority, that " great name not more 
survived from good than evil deeds," plunged into a still deeper and 
more fathomless gulf, for the purpose of redeeming himself and his 
friends from anticipated punishment — and his name was Hugli Flana- 
gan. 

Pursuing those distinguished examples he (Mr. Brown) would plunge 
into the gulf which that case exhibited for the less glorious, but the 
scarcely less commendable object, of releasing them (the jury) from 
unnecessary toil, or obviating the infliction of unnecessary penalties. 

There were two cases presented to their consideration, and which it 
became his duty to discuss. The former of which was an indictment 
for an unlawful assembly — the latter for a riot. In the one which con- 
tained a single count, those whom he represented, were the defend- 
ants; in the other their adversaries, to the number of sixteen, were the 
defendants. That last mentioned indictment contained fhree counts. 
The first alleging a riot, with the overt act of an assault and battery 
committed upon a portion of the procession which had been so much 
talked of. The second count alleging a riot with the overt act of an 
assault and battery upon Robert Elliott, and the third being a count 
for a simple assault and battery, committed upon the individuals whose 
names were specified in the first. 

Having thus apprized them of the character of the charge, it was 
proper, in the next place, that they should be made acquainted with 
the nature of the law to which those charges were to be applied — and 
by which only, could they be sustained ; for all indictments were idle and 
vain, and worse than both, unless they be founded upon some well esta- 
blished principle of the law. They were mere castles in the air that, 
for a time, it was true, might attract their attention and excite their 
admiration and surprise, but which were no objects of reasonable or 
legitimate reliance ; and which too frequently vanish even while they 
were engaged in their contemplation. 

He should first then, consider what was the definition of a riot, since 
that was the highest grade of the imputed misdemeanors, and indeed 
embrued in its constituents the other alleged oifences. A riot then was 
where three or more persons did an unlawful act of violence, with or 
without a common cause of quarrel; so that in order to meet this defi- 
nition, three or more persons must be concerned, and an act must be 
done, and that act must be unlawful. Those essentials of a riot being 
supplied, it became unimportant to consider, whether or not there was 
a common cause of quarrel, or to what extent the respective parties 
individually participated in the violation of the public peace. Nor 
was it necessary to ascertain in what portion, or what period, of the 
alleged criminal transactions they became parties, since in misdemean- 
ors of that description there were no accessaries — they were all prin- 
cipals. And the act of one became in the consideration of the law, the 
act of all. It would be endless and useless, in affairs of that kind, to 

9 



66 

inquire into the precise extent of their several breaches of the peace ; 
and to attempt to distinguish between nice shades of guilt. The motive 
being presumed to be joint, and the act indicating that motive to be 
wicked, nothing more could be requisite in order to render them pun- 
ishable. 

It became him (Mr. B.) in candour to state, however, that this was 
but one branch of the definition of a riot; and that where the same 
number of persons even did a lawful act, in a violent and tumultuous 
manner, they also were rioters. Thus they saw in the first branch of 
the definition, the act done was required to be unlawful. And in the 
second branch the unlawfulness of the manner imparted its character 
to the act, and rendered that illegal which, if properly performed, would 
be allowable. So much for a riot. 

An unlawful assembly consisted in three or more persons assembling 
to do an unlawful act, or to do a lawful act in an unlawful manner, with- 
out taking any steps towards the accomplishment of their object. For if 
anv measures be taken, it would in that case technically be denominated 
a rout. Or if the object were effectuated, it would, as has been shown, 
be a riot. With these explanations of the charge, and the law, instead 
of launching a feeble barkinto anarrow,a doubtfuland a deviouschannel, 
without helm or rudder, chart or compass, they were enabled to put 
to sea at once in a trim ship and favouring gales, and with the most 
auspicious indications of a prosperous, and secure, though somewhat 
protracted voyage. It would not be denied that, as guilt was the off- 
spring of the heart, so consequently were those innocent, in whose heart 
no crime was meditated. Were persons to be indicted for carrying 
swords? for an offence which was not a crime? the legislature did not 
fix penalties to any act unless meditated in the heart, for it was by the 
heart alone that the intentions could be ascertained ; and surely the 
punishment sought against his clients and in the indictment, could not 
attach to them for an act, which to say the most, was one of imprudence. 
Nor could the law ascribe crime to an individual, in whose intentions 
no act of crime were ascertained to have existed. 

They assembled to celebrate the one hundred and forty-first anni- 
versary from the thraldom of fanaticism. They (the jury) had nothing 
to do with Protestants or Catholics, Orangemen or Kibandmen; they 
were to view them all as the children of one republic, worshipping at 
the same altar; each claiming the protection of one common parent, but 
equally bound to yield submission to the laws ; the refractory alone 
were to be visited with punishment. But if tfiey were permitted to go 
unpunished, the great end of justice would be defeated, and that tie 
which bound society would be dissolved. Having so assembled, without 
exciting any just terror, they were justified; their motives were to be 
tested by their actions, but the learned counsel (Mr. Sampson) had 
called them Orangemen. He (Mr. Brown) did not care if they were 
Lemonmen. Were they to be told, because one man wore an orange 
colour, and another a green, that for so doing they should be punished 
by the law? The learned counsel had likewise told them that lord Hale 
had desired a jury to convict a person for witchery, for an act which 



67 

they could not*coraprehend ; and were they, therefore, on tlie same 
principle to be called on to find men guilty because they did not com- 
prehend the nature of an Orange oath? it was said, the purple in the 
oath meant blood, but they had heard nothing whatever in the testi- 
mony, to make them think so; it was as air drawn as their spears; and 
would again contend that if they had pursued a lawful act, they were 
justified. The learned counsel (Mr. S.) had also said it was not merely 
incorrect in Orangemen to walk or assemble, but it was likewise wrong 
and impolitic to act in any way about matters belonging to other coun- 
tries ; that would be monstrous. One had said " this is a free country, 
how dare you, and what right have you, to walk here!" The learned 
counsel (Mr. S.) said we had no right to exercise the right of our reli- 
gion; but he (Mr. Brown) would say we had. Had the Papists any 
right to tell to the Protestants they should not assemble to celebrate 
their religion? Should the butchers who go forth in all the pomp and 
pride of their profession tell the people of this good city they should 
not eat beef on Good Friday, or any other particular day? the toast of 
St. Patrick, the patron saint of the Roman Catholics, had been drunk 
at the St. Patrick's Society, but how did that influence any person? Let 
every one pursue his own views. They had also been told, that it was 
impolitic to permit any interference in, or countenance transatlantic 
concerns. At a time when the Greeks were struggling in the cause of 
liberty, did we not sympathize vv'ith them, and meet for the purposes of 
contribution and assistance? Did we not, in a similar spirit of feeling 
and admiration of the conduct of the gallant Poles, meet for the purpose 
of advancing their noble cause? Would any Turk or Russian have a 
right to go to those meetings, and like Cromwell to his parliament, say. 
Begone ! and demand what right they had there, or complain that they 
were disturbing the peaceful repose of their minds, by holding meetings 
in favour of persons of a dilFerent opinion with themselves? Going nearer 
home, let them (the Roman Catholics) but look to the time that the 
Emancipation Bill was in agitation; they had their O'Connell fund here, 
and collected money for papal influence. How could they reconcile 
those facts with their present conduct? A few years ago, at an elec- 
tion, a certain party exhibited a picture of General Jackson, like death 
on the pale horse: it might have been annoying to some of that party, 
but were persons, therefore, who might be displeased with it, to wreak 
their vengeance on the painting? It was the same in politics as in reli- 
gion: let them do all they could to support their candidate or their creed, 
but not interfere with others. Gentlemen had chuckled at the notion 
of their having sw^ords; but they could only point out a dozen of swords 
amongst two hundred and forty persons: they thought to dazzle the eyes 
and blind the intellects of the jury with the glitter of their blades. He 
(Mr. B.) was not only glad they had swords with them, but would justi- 
fy them if they had a six pounder. A shillelah, well used, was, in his 
opinion, better than any sword. They found that one of the Protestants 
had brought his wife among them, and others their young children; to 
good people they could have been no terror — nor was there aught in 
their conduct or demeanour, in the least to show they were cause of 



68 

terror. Such an idea could not be reconciled with their conduct ; but 
terror there was unquestionably, for the howl, and threat, and madden- 
ing desperation of their enemies, were to them a serious, and but too just 
a cause of terror. The learned counsel had told them, indeed, what was 
truly evident, that there would not have been a riot, if the procession 
had not been there. He (Mr. Brown) gave every credit for the saga- 
city of the deduction; but was it because the procession was there, that 
a riot should necessarily take place, or be attempted to be justified? It 
put him (Mr. B.) in mind of a story of an old gentleman who happened 
once to have his bald head out of a window, when an honest Hibernian 
going by, struck him on the sconce with a stick, and in his defence, said, 
the bald pate looked so very inviting, that he could not possibly help hitting 
him on it. He (Mr. Brown) would take a legal view of such a position. 
In a case of larceny, would it be any extenuation, that the temptation 
had been too great to resist the crime? Would it be moral or lawful? 
The law did not recognise any such feeling. They, therefore, had no 
right to interfere with the procession ; they had an opportunity of avoid- 
ing collision, by not attacking them. Those persons, in pursuance of 
certain religious feelings, had a right to express their thanksgivings for 
the benefits which they enjoyed as Protestants, or citizens of the world. 
It had been said, that they excited terror opposite the Hall. Who ap- 
prehended it ? If they had been permitted to go out quietly, there could 
not have been any terror. If persons going to church, were to be inter- 
rupted by a rufiian banditti, brandishing weapons, and heaping impre- 
cations on them, wherefore the pride and beauty of our justly boasted 
structure, under whose broad, expansive dome, the stranger, from every 
soil, was secured in the possession of civil and religious liberty ? 

They convened at La Grange, in the same manner that the Masonic 
and other societies were in the habit of doing, but they were soon met 
in the spirit of persecution. Was it by cries of Crucify him ! crucify 
him! they would promote either their political or religious advance- 
ment? Every one should deprecate that mode of acting against men, 
whose conduct was the best test of their character, and whose only 
fault was availing themselves of that privilege, which the others would 
equally contend for, " liberty of conscience." 

They left La Grange, equipped with swords. and badges, the usual 
insignia of all societies, and they proceeded to church, there to sanctify 
the holy object which brought them together. If they had intended 
riot, why publish notices of their assembling at seven Protestant 
churches? why not do so in the Catholic churches? why, instead of fire- 
arms, they brought but swords, and only of those ten or twelve in the 
entire procession? But they brought them not for protection even, for 
they did not anticipate an attack, but for display, and counsel would 
call it a virtuous display. Why take children with them, if they had 
meditated a riot? but in every circumstance their conduct tallied with 
their intentions. He (Mr. B.) would apply the law to the case, which 
said, they might carry what they pleased, if they did not create or ex- 
cite terror. Not by the procession was terror excited on that day, but 
by the others, who afterwards wanted to transfer their guilt to them ; 



69 

and yet they (the jury) had been called on to exculpate those persons, 
and to visit punishment on the unoffending party. 

They had gone to church, where a collection had been made, and 
hoped his venerable and learned friend did not intend to insinuate, by 
saying he did not know what became of the money, that a fraud had 
been committed in the house of God, by being mal-appropriated. He 
hoped he would not on that matter form his judgment as Sir Mathew 
Hale had done, and equally trusted the jury would not follow his ad- 
vice or apparent example, by forming their judgment similarly. If they 
were indeed a jury of old women, he would not wonder at their liabihty 
to be led astray; but in men, like them, of reason and inteihgence, on 
their oaths, he felt every confidence and security. 

Scarce had the procession left the church, when a ruffian, then upon 
his trial, denounced them, and profanely threatened to burn the house 
of God. That was, however, but the signal; they proceeded amidst the 
taunts and insults of the mob, without noticing tliem; and in their de- 
meanour acted not as men contemplating a riot, but as good christians 
and as good citizens, resolving not to violate the laws of the land of their 
adoption. They were again impeded in their progress at Fourth and 
Chcsnut streets : at that time, Albright, the constable, to whom some 
praise was due, arrested a person, w ho, though he had no badge, had been 
called one of the procession; but there were several witnesses who swore 
he was not. He (Albright) w^as no friend to some of them. He ac- 
knowledged, in speaking of Britton Evans, if he had not a quarrel, he 
had at least some misunderstanding with him. They proceeded to the 
Hall, as they were by law entitled to do, where all the defendants were 
present, or at least in the neighbourhood, continuing to recruit and col- 
lect a mob in the adjacent streets. There were Nicholas M'Intire and 
Grant from Germantown road, and others, from various parts, collected 
to aid the attack: those persons knew of the procession being there, but 
displayed every reluctance in telling how or from whom they knew it. 
Could it be denied, that Neal Harkan, with the severe nose, and severe 
disposition, and still more severe club, struck Robert Elliott over the 
head? Probably he did so from the same irresistible temptation, which 
occasioned the old gentleman to be struck on his bald pate. When in 
the Hall, those rebellious spirits were parading about, and to show their 
disposition, he (Mr. B.) would advert to the fact, that the Mayor, though 
unconscious of it, had been pursued by them. When the Protestants 
were in quiet harmony, surrounding the festive board, they got up to 
the windows, on the outside, and at every toast, assailed them with 
menaces and imj)recations, threatening what they would do when night 
came. One of them abused the aged and venerable, and then insulted 
the officer who chid him for it, thus evincing, in all the various circum- 
stances by which character could be distinguished, that system that 
would bear before it at one fell swoop, every feeling of charity and bro- 
therly love, and sunder every tie of society. To the Mayor he (Mr. B.) 
would offer every respect; but some, perhaps, were beyond the reach of 
praise — much less would it require an episode from him to raise that 
officer in public estimation. But he (the Mayor) saw a disturbance, 



70 

and the necessity of precaution ; he saw the lion, though slumbering, 
was about to roam; he said, he advised them, not commanded; but it 
would seem, like the old gentleman who exhibited the bald pate, they 
(the Protestants) afforded too great a temptation to the others to create 
a riot. But was the master spirit of our laws to be thus violated, and 
such conduct to be a by-word of reproach to us ? The jury had been 
told that out of more than two hundred in the procession, only seventy 
or eighty were enabled to enter the Hall, owing to the attacks made on 
them. They had heard of the imprecations of that mob through the win- 
dows, when they were calculating their strength, evincing by their ma- 
levolence a deadly hatred towards them, and by their menaces, a deter- 
mination of acting on that hatred— every eye, a lynx-eye, fondly glaring 
on their victims, and every heart meditating their destruction; had they 
then gone out of that Hall alone and unprotected, their destiny would be 
written in one word, and that would be blood. What did they assem- 
ble round the windows for, except to give information to those outside'' 
By the Mayor's request, the procession disrobed themselves, dismissed 
their music, and agreed to depart : it required some time for the Presi- 
dent to confer with them ; and some, who were more fearful than the 
rest, who had wives and children, said they would remain with those 
who had the swords, for protection ; for they saw all the horrors of the 
cataract before their eyes, and they heard its roar, and they expected 
every moment that its torrent of annihilation would rush upon them. 

" Say ye severest, what would ye have done t" Men in their situa- 
tion, cribbed, cabined, and confined, what were they to do? They did 
all they could, probably more than many would have done, and were 
they to have departed singly, the blood stained menaces and awful im- 
piety of their enemies would have been too surely realized. Dubois 
saw muskets and a fowling piece with men in Prune street, and they 
were evidently connected with the rest. In Chesnut street, other per- 
sons were seen with arms, one of whom had a gun, which he endeavoured 
to conceal, while others had weapons at the Hall, and there was too 
much reason to believe that those were only parts of one organized sys- 
tem. The Protestants could not have expected a riot, or they would 
have acted and prepared themselves very differently for it; but one 
thousand persons had gone out on that day for the express purpose of 
provoking an assault, and consequently any terror which existed on that 
occasion, was produced by that ruffian mob. The procession left the 
Hall without badges or music, more like the citizens of Calais, who 
walked through the gates with halters round their necks, than men in- 
dicating triumph. They had scarce arrived at the steps, when they 
were assailed by a brick, thrown at them, which struck the door; a 
brick and other missiles were thrown at them, opposite the church, and 
as they went along, before ever their swords were drawn. Then in- 
deed, but not till then, they drew them, under the directions of Mr. 
Evans,ybr the protection of their lives; they could not escape, for they 
were surrounded by the mob ; and were it not for the protection those 
swords afforded them on that day, their story would have been told in 
the one short word — murder. But it was not until they had arrived at 



71 

the end of their eventful journey, which they pursued without connmit- 
tinga single act of annoyance, that it was even pretended that they had 
used them. There, at the corner of Fifth and Pine streets, coals, por- 
ter bottles, and brickbats, with iron bars and shovels, &.c. taken from a 
blacksmith's shop, were all seized upon, to swell the tide of ruflianism 
against the then small band of twenty men, some ten or twelve of whom 
alone were armed. Of what annoyance to their enemies could swords 
be ? A sword was not so good as a bludgeon, nor would it do half so 
much execution as Neal Harkan's axe handle. A man might as well 
be indicted for carrying a penknife as a sword: but he (Mr. B.) would 
say, if they had brought a twelve pounder there, and swept that mob of 
ruffians off the face of the earth, they would have been justified. Had 
they not, however, acted as they did, the hope of their salvation in this 
world, would have been but small. That Spartan band stretched itself 
across the street, maintaining order, and putting to flight many of the 
cowardly miscreants, and stood together, until they had an opportunity 
to retreat, for virtue was their shield, and justice their support.- 

" Dangers confronted, retreat when boldly faced." The great cause 
and end of the procession had been shown. They might be called Orange- 
men or Gideonites, but let their conduct be recollected, and people might 
whistle their prejudices to the wind. They behaved as honourable men; 
there had not been any thing shown in their conduct or demeanour cal- 
culated to excite terror, nor had there been in that procession any thing 
more than what was usual in any other orderly procession. He (Mr. 
B.) would then call the attention of the jury to that nice distinction of 
light and shade, which he would exhibit in the picture. The first wit- 
ness called to support the bill against the Protestants, was Hugh Flana- 
gan; and he was found at the corner of Fifth and Pine streets, com- 
mencing an attack, where he should have been ending it. He (Mr. B.) 
did not know if he were any relation of the great tear-a-way O'Flana- 
gan ; but though he seemed so dreadfully angry at the tune of the Boyne 
Water, was inclined to think he would have no great objection to a lit- 
tle of the same Boyne water mixed with American whiskey. It seemed, 
however, that Mr. Flanagan screwed up his courage, on the morning of 
the 12th of July, last, and went down in his shirt sleeves, to get money, 
which he said was due to him. He went to four houses, quite regard- 
less whether he got the money or not ; but, however, he got some gin, 
joined the mob, and hovered about like a vulture, gratifying the malevo- 
lence of his unrestrained passions: he showed very little anxiety about 
the money, but he was to be seen at the Hall, with a brick in one hand, 
and a hatchet in the other, and he was one of those sensitive creatures 
into whom the procession had struck such terror. Why did he not go 
away, instead of joining them ? The fidelity of the wind or the waves 
might be as well depended on, as his testimony. Flanagan, who, accord- 
ing to the lady's account, looked as if his head was off, got up and walked 
over to an apothecary's shop. He (Mr, B.) had heard of a Saint 
Benedict, who lost his head, but found it again. The same Mr. Hugh 
Flanagan had there sworn that they had a white band ; it however 
turned out that it was a black one : yet that fellow, who did not know 



72 

black from white — that most mysterious personage, who walked without 
his head, undertook to claim credit for his testimony. He had also sworn 
that they had badges at the corner of Pine street ; their own counsel 
admitted it was useless to examine other witnesses on that fact, as it 
could not be proved. But honest Mr. Hugh Flanagan thought it quite ne- 
cessary they should be arrayed in all the pageantry of Orange dress. Could 
the testimony of that fellow, who threatened them M'ith the priest, and 
who promised to give him a Uft to send all the damn'd rascals to hell, be 
relied on? He had also stated, he had nothing in his hand; whether 
that was true, had been clearly ascertained. The next witness against 
Evans was Albright, and all he could say about him was, that he had 
looked scornfully at him, and the evidence of both went to show, that 
there had been persons scattered in different directions, only waiting 
the tocsin to be sounded, to commence ; but such was the certainty of 
truth and justice, that crime could not be hidden. It had been proved 
by their own witnesses, that ten of them and modest Hugh Flanagan 
and Mr. Neal Harkan, to make up the dozen, were there about the 
time that Elliott was struck. One of them, Nicholas M'Intire, stood on 
his own privilege, and would not answer ; although he did not criminate 
himself, yet he invalidated his testimony, by drawing on that most con- 
venient resource — mental reservation : but he stood mute and con- 
demned ; his lips were as heavy, if not so pure, as silver, and his mouth 
was sealed by the ponderous weight of his jaws. Then came a Mrs. 
Seener, or Sinner, and believed the last was her proper name. The 
last of the Mohicans was nothing to her. Counsel confessed, he hated 
Beldams and Amazons from his very soul. He had read of two of them, 
and that was all he cared to know about them: one had encountered 
twenty men, and died in conflict with the last ; the other, who was an 
empress, encountered twenty-five, and had survived them all. Mrs. 
Sinner told them, she had, at the Hall, mounted an equivocal scaffold, 
which he (Mr. B.) truly hoped might be the last. She acknowledged 
they came out very peaceable, and had said she did not see the swords 
drawn until stones were thrown. He (Mr. Brown) would be ashamed to 
set up the evidence of fifty negative witnesses against one affirmative. She 
stated, however, that she tumbled over M'Carron, and that she could 
face twenty men, much better than her daughter; it was not in scrip 
she had given her testimony. After her came M'Donnell, from the 
Northern Liberties; that was the man who saw Flanagan, after receiving 
twenty sabre wounds, ruiniing over to the apothecary's shop with his head 
off. Then came Willis H. Blaney, who stood alone, amongst them all, 
and swore they had their badges on, and sw^ords drawn, coming out of 
the Hall. The opposite counsel had, however, abandoned that position, 
as it could not be maintained. The hearing of the witness must have 
been nearly as defective as his sight; for, with the same degree of in- 
correctness, he said, they hurraed for king William. It appeared to 
him (Mr. B.) unaccountable, how he could make such an assertion. 
That preserver of the peace went down with the Mayor, and was found 
associating with the procession, telling them not to move until they saw a 
riot, or were assailed, and not to stir, until, like " the torrent pouring from 



73 

the giddy height, Submerging all below," it would have been useless. 
He would ask, if that were prudent 1 If they were an unlawful assem- 
bly, they should have been taken from the Hall — from that place where 
he saw the swords glittering, and throwing back their rays upon his re- 
fulgent imagination to such an extent as to have blinded his eyes and 
intellects: but he (Mr. B.) could not possibly withhold from him that 
praise which should ever be rendered to foresight and sagacity; for, after 
a due survey of both parties, he told Barger, fhat on the east side was 
the stronger, and he would therefore arrest the other party; but, in 
trying to do so, he was first knocked down by a Papist, and then kick- 
ed by a Protestant ; but that was merely in the spirit of the times, 
though it would be well for him then, had he been like Mrs. Seener, 
who thanked heaven, she was neither Protestant or Papist; and finding 
himself so uncourteously treated by both parties, he took the very wise 
precaution of sending for the marines, a/ier the ajfray was over. That 
excellent public officer had, in the due administration oi Ids law, taken 
part with the strong, and oppressed the weak. Ankora saw no drawn 
swords coming out. Stewart saw Ankora threatening them at the window; 
and Cullen swore he heard whispering in Cannon's. To those whisperers 
he would say, " Suspicion haunts the guilty mind," and apply to them a 
Spanish proverb, "That the guilt is known by the cloak." As to the tune 
of the battle of the Boyne, at which they seem to have shown so much 
anger, it was the same air as the battle of Plattsburg, a national air of 
this country. But if such interdicting principles were introduced, they 
would soon have such a drab coloured state of society, that we would 
become a miserable set of beings ; and because, indeed, a part of the 
community were so void of soul, as to dislike music, they would punish 
those who might indulge a taste for it. In their attack, they had not 
even the manliness to grapple with the procession, but as " cowards are 
ever guilty," they had gone behind them, to assassinate them. If they 
came to this country, they would be gladly received in this asylum of 
liberty; but the oppressed in other countries were not to become oppres- 
sors here ; and let us not be told by them, that this was free, if an Orange- 
man be not permitted to walk. 

He (Mr. B.) would not concede a particle or atom, in a single instance, 
whereby a doubt could be thrown on his clients. It signified nothing, 
whether the parties in that transaction were Orangemen or Ribandmen, 
Protestants or Papists; they were all received here as children of one 
common parent, to whom she would extend protection, but from whom 
was expected submission to her laws. If those four men, who were in- 
dicted for riot, had done nothing more than what men ought to do, or 
what the laws required of them, were they to be sacrificed? and if they 
were twenty times wrong by assembling, counsel would twenty times 
deny that there was any justification for the assault committed on them. 
How stood it on the other side? Out of sixteen who were assembled in 
that riot, none of them had approached the book, to peril their salva- 
tion by denying their guilt. Out of all the defendants, only Mr. Hugh 
Flanagan had been examined; but the fact recoiled upon themselves, 
and they stood self-crushed, self-immolated. Their counsel was aware 

10 



74 

that *' they had done those things which they ought not to have done, and 
there was no help in them." Their general deportment had been, from 
the time they commenced at the church, one continued scene of outrage. 
They had been bound together in concert, and opposed to the other 
party, and each participating in one common object. From the tenor 
of the evidence, it had appeared, that nothing in fact had been done on 
one part, but every thing on the other; and if he (Mr. B.) were to utter 
volumes, in praise of the men in that procession, he could not say more 
than that they had obeyed the orders that were given them by Mr. 
Evans, "Keep firm, give no insults, but take all." 

And yet he was the man who was to be hunted down like a wild beast 
by that confederacy. Let the jury contrast the character of the two 
parties, and bear in mind Flanagan armed, who said he would send the 
Protestants to hell, with the help of the priest ; Flanagan, whom he (Mr. 
B.) would not designate as a devil incarnate, but as a ringleader of a 
band of ruffians. As regarded Patrick Reilly, Gay stated he was so 
disgusted at his conduct, that he withdrew from him as from a murder- 
er; that dastard, ever ready to strike a blow, and justly fearful of every 
one. Neal Harkan was identified, not by some, but by all; not merely 
by his having so severe a nose, but by his having so severe a disposition; 
he was the man who called the respectable persons in that procession 
" a pack of damned rascals." 

[Counsel recapitulated other portions of the evidence, to show the 
shades of guilt attached to the several defendants in the second bill.] 

They were urged by one common cause and motive, and confederated 
for mutual service; and being so, should meet the same condign punish- 
ment. Was there a man, who had heard the evidence, that would not 
justify the conduct of those Protestants, after the melancholy scenes of 
guilt, and horrible confederacy, which had been developed on the part 
of the others, throughout the investigation? Whether there was or not 
an unlawful assembly on the part of the Protestants, four of them only 
being indicted, showed clearly that their case was of a totally different 
nature with the other. 

He would there leave the case with the jury, feeling an assurance that 
they would discharge the duty that had been imposed on them by their 
country, in giving the case their cool and dispassionate consideration, 
and firmly and fearlessly delivering that verdict, which he had no doubt 
would reflect honour to their feelings and intelligence. In the Court, 
he felt satisfied, he could repose the utmost confidence ; and that what- 
ever way the scale would preponderate, its judgment would be justice. 

Friday morning. 

Mr. Ingersoll. It was an extraordinary and novel circumstance, that 
a Philadelphia court and jury should be occupied for so many days in 
the investigation of matters concerning the Orange Society. It was the 
pride and blessing of this country, to be free from those institutions which 
distracted others. The subject had been, however, very ingeniously in- 
troduced by the opposite counsel, for the purpose of influencing the 
public mind, and of creating an effect calculated to produce excitement. 
But here they had nothing to do with it ; it was, in a measure, forcing 



75 

the question, and the jury had nothing whatever to say to, or decide 
upon, the merits or demerits of that institution. 

It had been ascertained, that in this city, a breach of the peace had 
been committed on the 12th of July, last;' but to whatever institution 
or society any of the parties in that transaction may have belonged, 
was not for the consideration of the jury, as the entertainment of that 
question would be equally foreign and irrelevant to the subject at pre- 
sent under investigation. If the Orangemen were that fearful institu- 
tion represented by Mr. Sampson, that was not the place to put it down; 
the course of the argument which followed, was, that it was connected 
with the Gideonite Society, which was incorporated as a beneficial in- 
stitution; but the law to be applied was to the body polilic. concerned 
with the transaction. 'I'here was another tribunal, before which its 
encroachments could be punished, or its existence annihilated. That 
Court had no right to investigate the nature, danger, or tendency 
of societies; as perfectly incapable would that Court l)e, to decide a cause 
in which it had no jurisdiction, or investigate this present prosecution 
without the necessary process of indictment. 

The jury was called upon to lay hands on that nefarious institution, 
and crush the hydra-headed monster; but they could not crush it if they 
would, nor would not if they could, in the manner they had been called 
upon: but they had nothing whatever to do with it; the great objection 
to it seemed to be the name : the subject here to be ascertained was 
the conduct of the parties implicated ; the name of an institution was 
nothing; it was the motives that were to be inquired into, and if t/iei/ 
were ascertained to be legal, the parties would be protected. A case 
occurred sometime since, respecting an application to the Supreme 
Court, on the subject of the name of the first Baptist Society, by another 
society claiming the same one; but the Court would have nothing to do 
with it. If the Orange institution were that which had been described — 
if its objects and views were injurious, let the legislature be applied to, 
and they would grant a law that would put it down. Our criminal 
courts, however, took cognizance of any act, on the part of a collective 
as well as an individual body; but it would be dangerous and absurd, 
as well as illegal, in that Court to exercise a power which belonged only 
to the legislature. He (Mr. Ingersoll) had risen as the amicus cura?, 
when a witness had been called on to divulge the secrets belonging 
to that society, and to reveal matter that was quite irrelevant, for 
the purpose of throwing an odium upon his testimony and cause. 
He would, as in that case, do a similar justice to the individuals be- 
longing to a respectable society; he would call it respectable, because, 
from the evidence and character of the persons belonging to it, nothing 
whatever had appeared in the nature or constitution of that society, 
opposed to charily, benevolence, or brotherly love. The preamble of 
its constitution breathed the purest principles of religion and lovinn- 
kindness. [Counsel here read the prayer which formed part of the 
Orange constitution.] Nor was there any thing in it opposed, in any way 
whatever, to the duty of a good christian, good citizen, or good member 
of society. In respect to its character, in a political ^oint of view, it 



76 

was laudable. It was well known to the Court, as well as to every 
gentleman of polite education, that the revolution in England of 1688, 
was the harbinger of that of 1770, in this country, and that in many 
parts the wording of the bill of right?, incorporated in the statute of 
William and Mary, was the same as that of the bill of rights of Penn- 
sylvania, which shed so much blessing on that state. The exclusion of 
Roman Catholics, by the oath of the society, which would seem proba- 
bly to be the chief and great cause of dislike and objection, arose from 
a dread, and, in his opinion, a very amiable and just one, that in the 
frequent poUtical and religious discussions which might naturally be 
supposed to exist at their meetings, the presence of Roman Catholics 
would either impose a total restraint upon them, or be attended with 
those unpleasant results, which conflicting opinions on such topics would 
inevitably produce. In that view, they were perfectly excusable, and 
showed policy and wisdom by providing against that which would un- 
questionably occur, from an otherwise heterogenous association. The 
assembly, however, was not Orange or Gideonite, but Protestant ; and 
amongst them, were many Americans, born and bred, whose ancestors 
were the same, and who met together for the purpose of celebrating a 
deliverance from religious intolerance. When the learned counsel (Mr. 
Sampson) suggested to the jury, to crush that institution, he took rather 
too wide a scope, and indulged in rather too wild a fancy. All Pro- 
testant societies' were, by his doctrine, to be swept away, and those 
who did not agree in the same religious tenets with his party, were to 
be crushed — all were to be annihilated. 

Never did Mahomet, with persuasive policy and still more extermi- 
nating sword, sweep proselytism before him at such a rate. But, let the 
organization of the society be what it might, however impure, diaboli- 
cal, or alien, if its acts and conduct were in conformity with the law, 
those connected vv^ith it were not to be punished for the crimes of their 
ancestors. The opposite counsel had left them to wander, without chart 
or compass, on a wide expanse, leaving his (Mr. Ingersoll's) colleague to 
explain the nature and merits of the case. With every respect for Mr. 
Sampson, he had said not one word ; in fact, nothing, except about a 
constable being knocked down, and even his name he miscalled, and 
though he had delighted them with his wit and humour, and displayed 
in his best style, considerable research in history, and amused them with 
a very pathetic story of a handsome young woman, &c. the whole 
scope and tendency of his argument was, that the Protestants were 
guilty, or, if not, their ancestors in another clime, a hundred years ago, 
were, and they must therefore be brought to the bar on their account. 
He did not wish to be severe, but it put him in mind of the story of the 
wolf and the lamb, who happened to be drinking at the same stream, 
when the wolf said, you are disturbing the water, and making it muddy. 
The lamb replied, he did not do so, as he was below the wolf; but you 
have done something to annoy me, no : well, but your ancestors did, 
and then the wolf set on him. 

He (Mr. I.) might probably differ somewhat from the counsel who had 
gone before him, in collecting and making deductions from the evidence. 



77 

He would claim for the Protestants what they had a right to, by the 
law of the land, which permitted them to assemble in number, and to 
bear arms as private citizens, to hear orations, to form processions, and 
play on musical instruments, to banquet, to drink toasts, and wear 
badges, and, if attacked, to defend themselves, by using arms, or to pre- 
fer inglorious flight : they possessed and claimed a perfect and a moral 
right, which could be maintained by the law, and would not be punished 
by the law. There were two prosecutions — one against Patrick Reilly 
and fifteen others — the other against Britton Evans, and three indivi- 
duals besides. All the jury had to do was, to preserve the peace of the 
city, according to tbe law of the land; it signified not how many or how 
few were found guilty ; but he would be sorry to press the conviction 
of any who were not implicated. The evidence against Schooley and 
Bryan Mount, was not so strong as against the others; but the convic- 
tion of any number would uphold and vindicate the law. The jury were 
the preservers of the public peace, and would show them that though 
this was a country of protection and equal laws, yet none should insult 
the majesty of those laws. Respecting Mount, who acknowledged he 
was amongst the mob, the jury would judge how far he was concerned. 
The respective parties stood before the jury in some respect without 
difference, each charging the other with riot. 

If he were disposed to imitate the example set him by the opposite 
counsel, he too, could open the page of history, and read the relations 
of Roman Catholic cruelty, in characters of blood. He would turn aside 
for a moment from the merits of the case, to show, by a few examples, 
how readily the catalogue of crimes connected with the opponents of 
papacy, might be paralleled and surpassed. Recollection sickened at 
the detail of the atrocities of Charles the Ninth of France, and his mo- 
ther Catharine de Medicis, in 1572; by whom the butchery of thirty 
thousand Protestants, in cold blood, was perpetrated in the short space 
of two months. Popish historians boasted, that the salvation of their 
faith, south of the Alps, was owing to the establishment of the inquisi- 
tion in 1543. It drove out of the country, or buried in dungeons, or put 
to death all who ventured to exercise their own judgments. It had 
been truly said, on that memorable occasion, " They made a solitude, 
and called it peace." All traces of the reformation were made to disap- 
pear. It sunk like a drowning man, over whom the waters had passed, and 
not a solitary murmur remained, to proclaim where it had once existed. 
During the single reign of Philip the Fifth, of Spain, seven hundred and 
eighty-two Autos da fe were celebrated. All who called themselves 
Protestants, were destroyed; and then the less hateful strangers to the 
Catholic faith, Jews and infidels, were made the prey of exterminating 
fires, until opposition was literally extinguished in the flames. A colony 
of Waldenscs had fled to Calabria, and increased to four thousand per- 
sons. They were mercilessly slaughtered, and their dead bodies were 
hung up from one end of Calabria to the other. Some had their throats 
cut, others were sawn asunder, and others were thrown from the tops 
of lofty rocks. Their fate had been recorded in Milton's well known 
lines : 



78 

Avenge, O Lord ! thy slaughtered saints, whose bones 

Lie scattered on the Alpine mountains coldj 

— — In thy book record their groans, 

Slain by the bloody Piedmontese, that roU'd 

Mother with infant down the rocks. 

Their martyr'd blood and ashes sow 

O'er all the Italian fields, where still doth sway 

The triple tyrant. 

Let those illustrations suffice. Of Ireland, he " could a tale unfold, 
that would harrow up their soul." But it was far better that the feelings 
engendered in that ill-fated country, should be left buried with the vic- 
tims of fanaticism, who had suffered there. He would leave to the 
counsel of his antagonists to recall those mournful events, and to deprive 
them of the hue and character of fiction, with which humanity would 
desire to invest them, by adding to the evidence of history, the sad con- 
firmation of his own personal remembrance. 

He merely referred to those historical recollections, for the purpose 
of showing which, the Protestants or Roman Catholics were the more 
furious. He would not say with Mr. Sampson of one party, " Father 
forgive them," &c. for it applied equally to both; but the question 
was, which of them, at present, were the worst. His clients had been 
charged with riot, into the indictment for which could not be introduced 
any overt act ; they first met at a sequestered spot removed, as they 
considered, from the chance of interruption — they proceeded to church, 
where they had delivered to them a discourse, in the language of gospel 
peace ; with them, they had not even as many swords as Mr. Brown had 
said, for they had but eight; and could the jury believe that four hun- 
dred men, having previously meditated a riot, would go out and subject 
themselves to destruction, with only eight swords — long used and hung 
up for monuments ; which were preserved by them but as memorials 
of that sacred cause of liberty which they were on that day celebrating. 
Evans, accompanied by his two children, of tender years, was at the head 
of the procession, and another had brought his wife amongst them; and 
would any person believe that if those men had even anticipated, much 
less meditated, a riot, they would have brought their wives and chil-* 
dren into the field of strife ? Those men who were associated, to the 
number of four hundred, and of whom but seventy-five were enabled 
to enter the dinner Hall, when walking were assailed with blows, 
scattered and went home to avoid a contact with them. Yet those 
were the men met for tumult ! the very church in which they were 
offering up their thanksgiving to their God, threatened to be burnt ! 
when going into the Hall they were beaten, trampled upon, and had 
their faces and clothes torn. Robert Elliott was one of those persons. 
And yet all was received without resistance ; and when inside, peace- 
ably enjoying themselves, were taunted, reviled, and hooted at — not 
alone the young, but the aged and venerable ; like the Roman sena- 
tors, by Cataline and his followers, pointed out for slaughter; their small 
party dreading to expose themselves singly, and knowing the fate that 
awaited them, remained together for protection when the expediency 
of flight was considered dangerous ; when they did venture to go out. 



79 

a brick was instantly flung at Mr. Evans, which struck the door near 
where he was standing. Immediately when they appeared in the street 
they were assailed with stones and bricks, and hunted down like wild 
beasts, or like the primitive christians in the limes of Nero and Diocle- 
sian — and all which they sullercd without resistance; was such for- 
bearance and regard for the law like men associated in crime, and as- 
sembled for riot ? their actions were in accordance with their motives, 
as the string that vibrates with the most perfect harmony. A continued 
attack was kept up against them from the church ; from upwards of 
four hundred, the procession, at the Hall, was reduced to seventy-five; and 
at Pine street to ten ; and up to that period not a single arm had been 
raised in their defence. Evans ranged his men so as not to be outflank- 
ed ; eight of the ten had swords, and ultimately those ten had to re- 
treat and conceal themselves in schoolrooms and under carpenters' 
benches until the rabble passed. It had been said, indeed, they should 
have gone out at the back door of the Hall. Suppose that court and 
jury, in the discharge of their lawful duty were told by ruflians at 
those windows that if they went out they would be murdered, would 
they not repel the threat? Would they submit to pass under the yoke 
like a subjugated army? was it because those men did not ingloriously 
retreat, and choose to go out at the front door, as they ought, and had a 
right to do, and that a riot took place in consequence of it, they were 
to be visited with punishment merely for defending their lives in that 
riot? Was not the law itself injured in the persons of those men? 
Should it be a less character of innocence on their part, that they 
did flourish their swords, or should a flourish or brandish justify the fe- 
rocious and brutal attack made on them? Several of their own wit- 
nesses had sworn the procession did nothing to provoke the assault. It 
had been said that Evans, on coming out, turned upon his heel and 
waved his sword to those behind him. Counsel would acknowledge that 
an insult might be conveyed by a motion of the hand, or exist in signs. 
Shakspeare had stated that hatred had been perpetuated between the 
Montagues and Capulets, by a mere biting of the thumb ; but that motion 
or beckon by Evans was, for the purpose of keeping the men in order 
and regulating them in danger. Blancy thought they hurraed for king 
William, Ankora thought it was for king George, consequently their 
evidence neutralized the testimony of each, and perhaps they were both 
mistaken ; but as in the multitude of counsel there was safety, so in the 
multitude of witnesses there ought to be truth. But should the foolish 
hurra, or the folly or madness of one individual be a justification for an 
assault^ He (Mr. I.) would ask what any of his clients did to commit 
or cause a riot, much less actuated by the bloody design which had 
been attributed to them. Was going out at the front door instead of 
the back — waiving the hand, or a person calling out, as alleged, for 
king William, a sufficient provocation or cause for riot ? He (Mr. I.) 
would admit they had assembled, but if lawfully, they were acquitted 
at the hands of the jury. He would justify the act of a body acting 
legally, but they would justify themselves to that jury, and to the 
community. Evans was armed, and waived his sword, cast a scornful 



80 

glance at Albright, and at Pine street it was alleged he had struck 
Flanagan ; and one person in stating so, said he was chopping at him. 
But in counsel's opinion, that person had been playing the part of Fal- 
staff — perhaps he was not even hurt by him. Blaney said he saw Evans 
stab at a man, but his vision was ascertained to have been very imper- 
fect indeed. Nicholas M'Intire's evidence was like Loughry's, not to be 
relied on: having refused to tell what they knew, they were not to be 
treated as perjurers, but their testimony was not to be received. An 
indictment had been preferred against Mr. Evans, for an assault, with 
intent to kill, but the jury ignored that bill, knowing there was nothing 
to sustain it; and the indictment against him now stood for riot, even of 
which, from the evidence, he was acquitted: even Flanagan did not 
say he was struck by Evans. Mrs. Seener, in the whole of her testi- 
mony, could not, with all her ingenuity, manufacture a single blow. 
She said she saw a man, who appeared to have no blood in his carcass, 
standing over another. She told the jury she had the blood of '76 in 
her veins, and that she had inhaled it from her mother's milk, and that 
she recollected the swords the Hessians used in the war in 1777, though 
she was only born in 1776! She must have been unquestionably a most 
precocious infant! She stated, she had the Amazonian spirit to en- 
counter twenty men, and indeed her Herculean appearance would, in 
some measure, bear her out in that portion of her testimony. No de- 
finite time could be arrived at respecting the drawing of the swords; 
but that they drew them in their defence, had been clearly established. 
Were they not justified in taking their swords out of the Hall, after the 
threats, and when they perceived those outside with arms and bricks in 
their hands, and their pockets stuffed with coals, like living capoons on a 
field of battle, with a thousand threatening, and ready to crush, as Mr. 
Haly expressed it, that nefarious institution ? That was the amount 
of the riot. Elliott had been struck by Neal Harkan ; he was also 
struck by bricks on the side and back, to which he made no resistance. 
Blaney stated he had been struck in Pine street, but that he did not know 
by whom, but afterwards, on suddenly turning round in Court, said it 
was by Elliott, although, at the same time, he stated, the person who 
struck him had no su'ord; but he (Mr. Ingersoll) believed it was ascer- 
tained as clearly as any thing, that Elliott had a sword. But after 
four months, and having first said he did not know the person, he then 
turned round, and said it was Elliott; the conclusion to be drawn, 
was, that Mr. Blaney was totallv mistaken. Flanagan stated a man to 
have been struck with the back of a sword, and coupled Evans with 
that transaction. Cash stated, that when Elliott's sword was brought 
to the office, it had blood on it, although Bokum, the schoolmaster, who 
saw it long before Cash did, and who examined it on the instant after 
the affray, swore there was no blood on it; and he (Mr. I.) believed 
that Elliott's sword was as free from the stain of blood as his soul was. 
Could there be any doubt that Saunders remained in the Hall after the 
procession ? yet Blaney swore he went out and drew his sword. Mr. 
Blaney had a mace to be respected. Was he afraid of his popularity? 
If so, he was to be condemned indeed; his errors were preposterous; he 



81 

saw eight or ten ruflians, with stones and arms, threatening, and hkoly 
to connmit homicide, and yet they were permitted to go at large. VV^as 
that conduct to be pursued by a high officer of the city? The duty of 
an officer of justice was not merely rctributorv, he was bound to pre- 
vent crime; but he was afraid, indeed, if he interfered, there would be 
a riot. What a dangerous tendency had that officer, by his conduct, 
introduced ! Respect for his fellow citizens, and a proper observance 
of his duty, would have produced probably very opposite results. How 
very different w-as the nature of things when the Mayor went down. 
Danger fled before him, hke the waves of the ocean, and all was 
still as the peaceful lake. His presence was command, because he 
went in the majesty of the law: an involuntary obedience manifested 
itself on his approach, for in every country where authority was recog- 
nised, there would it exist : in monarchies, and even where the desti- 
nies of the people were held at the caprice of the tyrant, it was ascer- 
tained that wherever the sovereignty subsisted, the main energy of the 
nation was to be found. If the nod of despotic power struck terror into 
the hearts of slaves, the majesty of the law tranquillized the passions, 
and quelled the rising violence of freemen. The banished Demaratus 
truly depicted his virtuous countrymen to Xerxes, when he declared — 

" To them more awful than the name of king", 
To Asia's trembling millions, is the law." 

Not long since, an officer of the Russian service, expressed his 
surprise to him, (Mr. Ingersoll,) that the agitations and threatenings 
to dissolve the union, which seemed for a time to distract society, 
disappeared as suddenly, and on the instant that the Supreme Court 
pronounced its judgment on a subject, which, though contrary and op- 
posite to the feelings of some parties, was received by them with com- 
mon consent, and public opinion submitted at once to its decision. Let 
Mr. Blaney know that the majesty of the law here, only required to 
be asserted, to be maintained. Carrick was found concealed in a car- 
penter's shop, by Barger; and he was the officer, who, when the dogs 
of war were let loose, cried, "Havoc!" Several saw MCarron, and 
said to him, " Go home, you fool." It had been said by the opposite 
party, that he had been sent there as a spy: he was insulted when sit- 
ting on the steps, and they told him they would " tear his Orange soul 
out;" to which he only replied, if he had (he use of his arm, they would 
not oflend him with impunity. He was guilty of nothing except folly, 
and the only thing he did was winding a small piece of string. As far 
as Evans was concerned, he was actuated by the purest and holiest de- 
fence of himself and children — by those dictates of nature, that were 
sanctioned by God and man. Against him only was there any evidence 
set up: it was, however, shown, that he did not give a blow, until cir- 
cumstances justified it; and there have been several, as well as himself, 
who have contradicted the evidence sworn against him. 

He (Mr. Ingersoll) considered, that no one could doubt that the fero- 
city came from the mob on the east side of the street. Its excuse was for 
the consideration of the jury, its existence was not doubted; but justifica- 
tion was impossible. He would protest altogether against raising for them 

11 



82 

an excuse, on account of feelings : feelings were not to form provocation 
on one part or the other. It was not attempted until the trial had been 
gone into, to set up, or attempt to show any specific provocation? Were 
the threats against the procession made conditionally? did they say, if 
they drew their swords? &c. If those swords had been buried in the 
earth, the same pretended provocation would have existed, and the 
same attack would have been made. Morbid, indeed, would that mind 
be that could conceive a justification. 

Persons might, with equal justice, construe the drawing of swords by 
a military body on parade, as an intention to do harm. A party in a 
procession, on a 4th of July, called the Washingtons, who were cele- 
brating the liberty of their country, happening to have in their hands 
batons, which resembled somewhat the truncheons of kings, a mob flew 
on them, and attacked them, and was there one of that jury would say 
such an attack was justified? Were persons, who might strain a per- 
verted judgment, or exercise a morbid prejudice of mind, to form a 
mob, and be permitted to assault a peaceable party of citizens? Seve-- 
ral witnesses had distinctly proved, that a brick was thrown on their 
first coming out of the Hall, and that three persons in the procession 
were struck before the swords were drawn. Lieut. Gay heard Reilly 
tell Farran, that the riot was commenced by the mob plucking the ri- 
bands from the breasts of the procession. It had been satisfactorily 
proved by fifteen witnesses, that the riot commenced long before the 
swords were drawn, and that the Roman Catholics were threatening to 
murder them. But they should be told, that they were not to put down 
the citizens of Philadelphia, by the exercise of feelings brought by them 
from Ireland, nor to implant in this happy soil those passions which 
abounded in hatred and malice. The jury were enabled to judge of 
the fixed and determined hatred implanted in their hearts, and uttered 
by their tongues. But the assault was planned before the swords were 
drawn, and it was the crimes committed in Ireland that were to 
be avenged in Philadelphia! They were yet to learn that liberty did 
not consist in licentiousness, but in obedience to the laws; and he hoped 
in this case the jury would vindicate the authority of those laws. Reilly, 
even after being arrested and bailed, went back to the scene of riot, 
and in open deliance of the laws of God and man, recommenced the 
attack. It was proved that fourteen of the Catholics on trial, had taken 
an active and violent part in that bloody affair; and as they were all 
principals, if one were proved guilty of the act, they were all equally 
so. A host of witnesses had shown that Flanagan had told a wilful lie: 
he had sworn that he saw the procession with their badges on, coming 
out of the Hall — that there were not any stones thrown by the mob, 
when it was proved to be otherwise even by the testimony of their own 
party; therefore, as a false witness and a culprit, his case had been 
clearly made out. The Roman Catholics might allege that their fu- 
rious passions impelledthcmtoact so, butinlawthat was no excuse; for 
though the law admitted the weakness of man, and pointed out what a 
man should do when attacked, the same law would likewise measure the 
degree of punishment by the conduct of those who were attacked. A 



83 

man, by law, was to retreat, when attacked, as far as he could before 
he should ever raise his arm in resistance; but the sanne law allowed 
hinn to use resistance for the protection of his life. The toasts which 
the learned counsel (Mr. Sampson) animadverted on, were proved to be 
national ; he complained that there was no hurraing after the " memory 
of Washington, '"and that they did not make the welkin ring after it : he 
(Mr. Ingersoll) did not consider it was usual to do so on such occasions; 
he rather commended the respect they showed for it, and considered 
that the silence they observed, much more became the solemnity of the 
toast. It had been stated by the opposite counsel, that " Kick the 
Pope," had been played ; but there was not a tittle of evidence offered 
in proof of it. Those persons who allowed the supremacy of the pon- 
tiff) after attempting to break up and crush that institution, (accord- 
ing to Mr. Haly,) go into Court, and ask applause for their own conduct, 
and require at the hands of that tribunal, a deprivation of the rights of^ 
a portion of their fellow citizens, and wished to deny that to others 
which they would require for themselves. Did they want that Court 
to recall the great principles which the labours of their forefathers had 
realized, and which formed the most splendid gem in the diadem of our 
boasted constitution — that liberty, which was every day inviting stran- 
gers to this asylum of the oppressed ? Those citizens who had honoured 
us by preferring our country, and adopting it as their own, and who had 
left the graves of their forefathers, were not to be trampled upon — 
neither were untoward passions, oi- paltry prejudices, to distract so- 
ciety. Whether Roman Catholic or Protestant, he would insist alike 
for all. The Roman Catholic citizens had their institutions, and should 
ruffians be permitted to go to them, and tell them they were the chil- 
dren or grandchildren of those who had done wrong, and they should 
pay the vengeance? Our Saviour had said, " Suffer little children to 
come unto me," and would not the free laws of this free country protect 
them ? Processions, of all enjoyments, probably were the most innocent, 
and certainly were very ancient. They begun, perhaps, with Myriam the 
prophetess, and the women who, with timbrels and dancing, went out 
to meet the Israelites after the passage of the Red Sea. Greece and 
Rome had their processions upon the occasion of their generals obtain- 
ing victories; and where were they so frequent as in our own country? 
The establishment of the federal constitution was commemorated by the 
most memorable procession on the 4th of July, in the different cities of 
the union, and especially in Philadelphia; and he trusted in God, as the 
elder Mr. Adams had wished, that the procession of that day would be 
observed for ever. He (Mr. Ingersoll) hoped to find every 4th of July 
ushered in with the roar of cannon, and with guns and swords, and bon- 
fires, and not only a general thanksgiving to the Almighty for the bless- 
ings of peace and plenty which they enjoyed, but that the neighing steed, 
the piercing fife, the shrill trumpet, the spirit-stirring drum, and all the 
pride, pomp, and circumstance of war, would ever contribute to swell 
the praise, and preserve the recollections of that glorious event, from 
one end of this extended union to the other. Literary and professional 
institutions had their processions. Even the humble, though presump- 



84 

tious sons of Africa, on whom the sun had burned the hue of degrada- 
tion, if not of dcpendance and slavery, on the opening of the new year, 
turned out, and had their procession in commemoration of their domes- 
tic triumph. Those excellent societies, which were formed for the laud- 
able purposes of relieving foreigners, St. Patrick, St. Andrew, and St. 
George, annually assembled, and invoked their patron saints to look 
down and bless their efforts; and when the social glass imparted its 
warming influence, it was not Hail Columbia, but Rule Britannia and 
God save the King, which were listened to by Americans, without objec- 
tion. They should reflect that when the event of Catholic emancipa- 
tion was announced in this city, the Protestant bells of Christ church 
were the loudest in acclamation ; and in Liverpool, on the last 4th of 
July, there was a procession of American citizens assembled to comme- 
morate the event which stripped England's crown of the brightest gem 
„\vith which it was adorned — and they did not hear of Englishmen inter- 
fering with them, much less resorting to bloodshed. Some rival insti- 
tutions might probably regard each other with incompatible feelings, 
but would the generous bosom feel annoyance at the negro society that 
marched with all the accompaniments of modern chivalry? Who could 
say he had a right to break it up? or, reckless of the right, but assum- 
ing the power, would break it down, with his arm dipped deep in blood? 
He cUiimed as much liberty for the Roman Catholics as the Protestants. 
The counsel who would follow him, could not say this procession had 
been offensive, for they passed harmless. It was formed from the Gi- 
deonite Society, incorporated by the laws, constituted as a beneficial 
society, by affording relief in time of sickness; but, forsooth! fault had 
even been found with its name. Were they (the jury) to be dictated to 
for the names they might think fit to call their children, their country 
seats, or their ships? There sat a youth. Napoleon, (pointing to young 
Evans,) and would those men whom Mr. Sampson described so ardently 
fighting under Wellington, against Napoleon, venture to tell Mr. Evans 
that fine youth should change his name, or they would dip their hands 
in his blood? Gideon, after whom the society had been called, was a 
great man, for he cut down the grove of Baal; but the sword which had 
coupled with that personage, was not Gideon's, but the Lord's. Few, 
however, were responsible for the names given them by their parents, and 
if their derivation were ascertained, while some w&re classical, others 
would probably be found very extraordinary : Charles, for instance, 
meant a stout man; Philip, a lover of horses; Samuel, a prophet; Robert, 
a cunning man; George, a farmer; John,God's grace; and it was a circum- 
stance by no means unworthy of consideration, that Neal [the name of 
the gentleman with the severe nose] meant nigdlus, black. Bryan means 
noisij, clamorous, and probably the not least curious coincidence of fact 
was, that Hugh, [the gentleman that had the hatchet,] meant a cleaver or 
cutter. They were called on to investigate this matter, and the aggres- 
sors were to be punished. He thanked God they did not live in such 
times as the Due de Sully wrote, who tells us that the only brother 
of the king of France, was murdered in the streets of Paris", and the 
Courts allowed a lawyer to defend and justify the assassination. If the 



85 

procession were idle or foolish, it should be laii<Thed at; if it were ille- 
gal, it should be punished. Let the Roman Catholics not suppose that 
murder was to go unpunished; it was the panoply of the law that would 
protect the people, and not bayonets or hies, muskets or brickbats. 
" Their pruning knives were changed to swords, and their shepherd's 
crooks were turned into javelins; they were harmless, but otherwise, if 
otherwise used." He (Mr. I.) would claim protection for his clients, 
grounded on the peaceable tenor of their conduct, their strict forbear- 
ance, long endurance and patience, in the very trying situation they 
were placed; their resistance, long deferred, and never resorted to 
until it became necessary in the defence of their lives. Very dispro- 
portioned claims had been presented to them by the opposite counsel for 
his clients — men who had in every part of the transaction been proved 
to be the transgressors, by the active consummation of a premeditated 
and bloody malignity, in open and utter contempt and defiance of the 
laws of God and man, which could not be in any manner excused or 
extenuated, by the actual or reported conduct of his clients. 

Mr. Dallas. After his ingenious, pei'suasivc, and powerful opponents 
having occupied the court and jury for eight hours, they had, he feared, 
handed him (Mr. D.) over to the jury with an exhausted patience, and 
what was worse, with minds and feelings, more or less, carried away 
by the current of their impetuous eloquence. If, at the outset of their 
observations, they (the jury) were able to hold their anchorage ground 
and overtop the swelling waves of that influence, the flood had been 
so great, he feared they may have swung from their moorings and been 
carried adrift on the bosom of the irresistible torrent. It would be, 
therefore, his duty, as a good boatswain, to pipe all hands on deck, to 
square the yards, and bring them back to the smooth waters they had 
lost — to practical common sense. That prosecution in which he was 
cfounsel, had been instituted to prevent the gratification of private feel- 
ing, as well as to prevent one set of citizens from triumphing over the 
other. If ever there were a prosecution of public exigency, in which 
the conviction of one party was of more importance than another, it 
was that of the conviction of Britton Evans and others; on the part of 
that person there had been too much forgetfulness of duty, and indis- 
cretion of character; it had been remarked that his clients had made 
much noise about their rights and feelings; but they were not the per- 
sons who called on the jury to decide — it was the commonwealth ; the 
common parent came into a court of justice and complained that her 
peace and laws had been outraged. It signified not whether that out- 
rage had been committed by a justice of the peace, or by M'Carron, 
a foolish, ignorant man ; the commonwealth complained that her peace 
had been broken, and called upon them to prevent a repetition of the 
offence; it was true that the controversy exhibited to them, had been 
maintained by persons of different countries and manners with them- 
selves, excepting the justice of the peace, who belonged to this country. 
The others were Irishmen, and some of them were connected with a 
society which had its origin totally alien to our soil, our laws, and prin- 
ciples of government; and it was impossible for those who wished to do 



86 

justice between the parties to accomplish that end, unless they went 
into a consideration of its source, its progress, and the country from 
whence it was imported. Notwithstanding the ingenuity and brilliant 
eloquence of his learned friend, Mr. Ingersoll, who told them they had 
nothing to do with Ireland, that the seed sown there should not be per- 
mitted to blossom here, and that they had enough to do to mind them- 
selves; truly, though it was very plausibly and mildly uttered, he (Mr. 
Dallas) would put it to them, as men of sense, if it were possible for them 
to arrive at a just or correct decision without knowing its basis, and the 
causes from whence it sprung. It had been made apparent, by the 
witnesses, that the principal persons engaged in the controversy had 
scarce been landed on their shores, before they implanted in our soil 
those seeds which had been the bane of that country which they left, 
to enjoy the right of this — the jury were not merely to raise the cur- 
tain but half way, they were to have a full view of those circumstances 
which the opposite counsel would endeavour to conceal — their sugges- 
tion but tended to blind the jury in the attempt to ascertain the truth. 
It was with pain he contemplated the occasion of this controversy, 
and would speak without, distinction of the regret he felt that such 
should exist among as gallant a race as adorned the earth, that they 
should bring to this their adopted country, and perpetuate those feuds 
which have occasioned so many lamentable dissentions in that which 
they left — dissentions which have agitated and distracted society, and 
which were opposed to every principle of religion ; — to Americans, that 
race of men without distinction or discrimination were all equally wel- 
come, and would say, with emphasis, that they (Americans) were large- 
ly indebted to Irishmen for those solid and substantial improvements 
which had raised the commercial character, as well as adorned the face 
of their country. It had been observed that they should be contented 
with the rights they enjoyed— but they gave to the Americans a va- 
luable consideration, and the advantages were equal and mutual. He 
(Mr. Dallas) would ask the community to look to their streets and their 
highways, their cities and counties; and it would be found that the 
labour and industry that constituted the improvements'of each, was to 
be attributed in a great measure to Irishmen — the sons of Ireland were 
the most indefatigable labourers for the advancement of America — let 
them contemplate the growing improvements of their cities and vast 
continent: what evidence of prosperity did their manufactories exhibit? 
in every circumstance, exhibiting human intellect and skill. Irishmen 
stood foremost; it required but a small knowledge of this country to 
know that her liberties had been fought for, and her political institutions 
defended by Irishmen — he would go higher, and in point of intellectual 
excellence her most conspicuous associates in the senate, at the bar, and 
in her universities, were Irishmen ; who, by the splendour of their 
talents, had ornamented each ; in every instance, whether by the inge- 
nuity that promoted the comfort of its inhabitants, or the services that 
bestowed the more substantial advantages upon their country. Irishmen 
were ever found contributors — from the very foundation of their liber- 
ties, which was laid in the struggle of 1776, to the accomplishment of 



87 

that event, they were assisted by many distinguished Irishmen. The 
exploits of Barry, Bryan, Irwin, and Montc;omery adorned Iheir history's 
page; these were reflections which no American could be regardless of; 
they were considerations which should generate a cordial attachment 
between them, and every circumstance tending to interrupt that 
feeling which ought to exist, was to be deeply deplored ; and he would 
say that any American who would minister to the passions of those men, 
or who in any way would contribute to the revival of what should be 
long forgotten animosities, or keep up those dissentions which distracted 
a country three thousand miles from this, deserved their condemnation; 
and the man who would so unkindly lend himself to such a purpose, 
would receive at the hands of that jury the most signal condemnation. 
To such a man he would speak as his actions had deserved. He forgot 
his respect for, and prostituted the liberties of his country, and, instead 
of taking part with either side, should by persuasion endeavour not only 
to make them become attached to this country, but allied to each 
other. Constituted as the jury was in its judicial organization, they 
were called on, and forced by their oaths and affirmations to decide be- 
tween those contending parties; a very unpleasant duty had been im- 
posed on the court, the counsel, and the jury, which they would willing- 
ly avoid ; and he did not think there was an American in that box, who 
would feel a pleasure in convicting either one side or the other; but 
though they were all bound to discharge their respective duties faith- 
fully, they would at all events do so with the tenderness of fostering 
parents, guided by the best lights, but with a determination to main- 
tain against all the world, and under every circumstance, the peace of 
their own country; — if the circumstances of that transaction could be 
confined to that chamber, or even to the city of Philadelphia, it would 
be trifling, but they might rely on it, that the principles of their laws, 
and the verdict of an American jury would be applauded or condemned 
by the whole civilized world. It was but a very brief scene in the 
tragedy which had been acting for upwards of one hundred years, and 
which had for its audience the whole world ; the good and the great in 
every land have had their minds turned to it, and have scrutinized it 
for years, and every republican of Philadelphia, every monarchist and 
high-churchman, was anxious to see if we practiced according to our 
principles, and if the notion that the " right" which each person pos- 
sessed were that idle phantom and mockery that had been represented. 
Whether the ringing of Christ church bells in celebration of Catholic 
Emancipation be true or not, the present controversy had not its origin 
as between CathoHcs and Protestants; how many of each religion in the 
world, who never dreamt of the nature of this controversy — its roots 
were bitter local recollections, which were connected with Ireland 
alone, in the galling exultations of conquerors over the enslaved, in the 
struggles of millions at the exaction of hundreds, not created by, or 
springing out of religious distinction, but in traditions of cruelty on one 
side, and vengeance on the other; nothing would ever terminate such 
controversies except oblivion ; and it was to aid that oblivion that this 
prosecution had been instituted. Those who desired a continuance of 



88 

that unhappy feeUng, and who wished that gallant race, contending, 
raging, and lighting, they alone were solicitous to perpetuate its causes ; 
on principles of polic}^ interest, and Christianity, it should be the object 
of Americans that Irishmen would amalgamate with us; hence, alone, 
Mr. Haly had called on the jury to crush the feeling, not the Orange 
Society, as alien to the American character. 

Those prosecutions had arisen from incidents in the city of Philadel- 
phia on the 12th of July last. He (Mr. Dallas) would beg the attention 
of the jury to that one against Britton Evans and others, which was in- 
stituted by the commonwealth without distinction of persons or party; 
and as it had included some of the other side, it showed it was not insti- 
tuted by private animosity; the other was a defensive prosecution — was 
commenced by persons who were first accused, then determined to in- 
stitute a prosecution against his clients, one emanating from the officer of 
the court, the other from private persons — ^justice on one side, vengeance 
on the other. 

The circumstances out of which sprung this prosecution involved 
much to be lamented. The high power of the law was set at nought — 
a tumult disgraced the streets ; the peace and property of the citizens 
were jeopardized, two or more were stabbed, apparently dying in the 
streets, others flying and scattering through the community with drawn 
and reeking swords in their hands — a vast multitude were in consequence 
exasperated to a state of fury, rendered uncontrollable to the law; in 
reference to them, they had been designated a mob, and had been com- 
pared to the mobs of London, — the actors in the French Revolution did 
not in his opinion deserve the name of mob; — they who barricaded the 
arsenal, were not more excited than those persons were on the 12th of 
July, last, at the corner of Fifth and Fine streets; and the feelings which 
actuated citizens in dethroning a tyrant, were the same which operated 
in the minds of those who on that day repelled the assembly of an organ- 
ized body; from those incidents sprung the indictments, and especially the 
one against the four defendants: an attempt to set up a technical diffi- 
culty, that the bill did not set forth their achievements, only savoured of 
a consciousness that it required some obstacle to be thrown in the way 
of justice; nevertheless, tliey had been proved. That a riot had occurred 
was indisputable, it did not require logic to prove that ; but on whom 
chargeable, was the question they were to determine: they (the jury) 
were the conservators of the public peace, and would punish the past to 
secure the future, they should find every man in that riot guilty ; if his 
chents at the Odd Fellows' Hall were guilty of a riot, it did not by any 
means establish the innocence of Evans and others. His clients had 
embroiled themselves by their ignorance, and their passions had impelled 
them to act as they did. What could it render to the Commonwealth 
to send them to jail ? but by convicting Evans and the three with him, 
the jury would accomplish every thing for the country, and would ter- 
minate that controversy ; and although they might not put down Orange- 
ism, they would punish men who keep alive controversy. The public 
indictment against Evans and others was a charge against them, brought 
by the Commonwealth of Pennsylvania, for breaking the public peace; 



89 

he cared not when, or where; but the evidence had shown that the 
peace had been broken, and would as at the threshold of liis remarks, 
state that the object, nature and purpose of the assemblage on tbe 12th 
of July, entered materially into the character of that riot, which the 
opposite counsel would not wish to go back to: the amount of their argu- 
ment was, that their purpose was good, and they were, therefore, not 
guilty; but he Avould with confidence say, it was vice versa; and would 
say, that the exclusive purpose and leading principles of the assemblage 
was the canting triumph of Orangcism over Irish Catholicity in the city 
of Philadelphia, the revival of old animosities, and the renewal of that 
which they understood in the old exclamation of Croppies Lie Down: 
it was impossible to doubt they were animated by any other purpose, 
and would say in that case, the jury should lind them guilty; and men 
who were now attached to Orangeism, might be rendered valuable 
members of society, and become good citizens: he knew nothing of 
Orangeism, save from narrative, and what he had heard on this trial, 
but did know that all the bright spirits, the poets, statesmen, and orators 
that adorned Ireland, had joined against it ; but the jury could apply 
their reason to it ; it was instituted to protect the political ascendency 
of a particular church ; it was the everlasting enemy of, and had placed 
its brand against catholicity ; a portion of the oath, " I further swear that 
I never was a Roman Catholic, or papist," &.c. affixed a brand on every 
Catholic on earth, extending to them universal hostility, and denouncing 
them as excluded by moral incapabihty — the oath was an excommuni- 
cation against their Roman Catholic brethren, declaring them unsuscep- 
tible of moral excellence, and unfit for society. 

In the course of Mr. IngersoU's eloquence, he adverted to circum- 
stances of great bloodshed having arisen from trifling causes; that a city 
had been kept for years in contention by merely biting the thumb, 
whose controversies had given scope to the talents of England's finest 
poet; the very name of Orangeism involved a memento that the Irish 
Catholics were conquered by them, and on that account it should be 
expunged from this country ; better to do so than have those men's feel- 
ings kept perpetually at war. He would go further by saying that the 
Orangemen, by swearing on the Holy Evangelists of Almighty God 
against association with Roman Catholics, was at war with the princi- 
ples of our government and country; they were by such oath proscribed 
and marked unworthy of association with Orangemen ; yet the Consti- 
tution admitted of no distinction of religion — no one was opposed, de- 
nounced or favoured; the tendency of the oath and constitution import- 
ed from Ireland, and fostered by the mischievous of our land would in 
time control our elections, influence the judges on our bench and mem- 
bers of assembly; the principles w^hich distinguished the character of 
our constitution would be nullified and frittered away, leaving but the 
wreck of the once boasted structure; — the characteristic feature of that 
society was incompatible with the true spirit of our laws, and did not 
exist in any other institution, neither in the St. Patrick's, St. Andrew's, 
St. George's, or the Orphan Asylum. Any institution which embodied 
a religious proscription against their Roman Catholic brethren was 

12 



90 

anomalous to our Constitution ; the jury would carry with them, that it 
was a society whose principal feature was religious proscription, and 
that the procession was got up in the spirit of that society ; they were 
told it was usual to celebrate that event as Protestants, but not as 
Orangemen; that pretence only showed the malignity of their purpose, 
which was covered by that pretence ; they had seen a Protestant pro- 
cession to celebrate emancipation from Popery, devised by Britton 
Evans, a justice of the peace for the city and county of Philadelphia — 
arranged by Britton Evans, — officered by Britton Evans, — armed, de- 
corated, and led on by Britton Evans, and terminated by the rout of 
one thousand men by Britton Evans. If they had regarded the feelings 
of the Roman Catholics, or themselves, they would have chosen other 
company, and would have fixed on another day, not to gall their fellow 
men. Why fix on the anniversary of the battle of the Boyne 1 why not 
the accession of the virgin queen, who extended the reformation? were 
they the Protestants only of Ireland, or the Protestants of the city and 
county of Philadelphia ? but that day was fixed on, in order that the re- 
collections of their servitude should be brought refreshened to their 
minds. It was extraordinary that the Protestants of Philadelphia should 
fix their celebration on the l2th of July, when the most eminent of the- 
Protestants, the surviver of the American war and head of the Episco- 
pal church, had not perhaps ever dreamt of it — the descendants of Penn 
did not join in celebrating it. It did not appear that a single female had 
been there, though Mr. IngersoU thought he had caught one lady, as a 
person of the procession had brought his wife with him because there 
was good cheer going. A Protestant celebration embracing all the good 
and religious, concocted in Holahan's or Rickman's ! and at their head 
the respectable Britton Evans — and afterwards meeting at an obscure 
tavern at the outskirts of the city, which Mr. Ingersoll had in all the 
glowing character of the picturesque, designated a sequestered garden ! 
If it were the disenthralment of the soul, it should have been gravely 
celebrated within their churches; but, forsooth, this solemn event, the 
liberation of their souls from Papacy, could not be celebrated without 
little bits of strings and orange and green ribands, and badges in their 
button holes, and stars and garters, and such stulF: but it bespoke the 
character of that hidden convention of those Protestants of Philadelphia, 
with Evans at their head, who no doubt considered himself engaged in a 
very praiseworthy project in dealing out swords and orange ribands to 
the Protestants of the city and county of Philadelphia. Did the jury 
remember the expression of Benjamin Kennedy, which unmasked it all: 
" I would not walk, (said he,) because I thought it would be offensive to 
a large portion of my fellow-citizens ;" if it were correct, how could it 
be offensive ? two or three witnesses on behalf of the procession, said 
they had gone on that day to see a Protestant procession, men whose 
shoes were scarcely warmed on their shores, and who knew no more 
about it than the inhabitants of the Sandwich Islands; they (the Pro- 
test;jnts) were not to outrage, scorn, provoke, or assail their fellow citi- 
zens ; they might parade themselves with a musket on each shoulder, 
and carry half a dozen pistols in their belts, so they did not use them, 



91 

or commit an offence against law or public welfare ; but that pretext, 
— that mask should be torn off, as a libel on Protestants themselves : a 
true Protestant would never abuse or vilify his neighbour ; he might 
think him wrong, and look on his errors as an infirmity of nature ; he 
might make converts, not by force, but by the aid of a higher power, 
persuasion ; those who respected their religion would not join in any 
procession which would abuse the feelings of Roman Catholics, nor 
should they wish, or seek to extend the power of their own religion by 
taunts, dangers, or disorders. Were those men in that procession the 
only true Protestants of Philadelphia? But it was called "the society," 
and " the association," " the Gideonites," and the " Orangemen ;" he 
would not dispute about its name ; but by Orangeism was meant the de- 
gradation of Catholicism. He would ask them to look at the badge of 
Gideon ; he was armed with a trumpet and sword, which bespoke what 
was meant. Orangeism was the same ; but they had heard enough of 
it, and he would say, " doff that cloak and hang a calf skin on his re- 
creant limbs;" the pretence that it was not Orangeism betrayed the 
purpose ; they joined by pretext, and their attitude was in the highest 
degree alarming. If the jury were satisfied that it were so, and that it 
was alarming to those persons who knew the enmity of Orangeism, — 
they were bound to visit them with punishment. A body of four 
hundred men had assembled on that occasion, and moved under their 
acknowledged genius — the sworn opponent of Catholicity, armed with 
swords for the purpose of alarming a multitude, scarce ten of whom 
knew each other. It would be difficult to visit with adequate terms of 
reprobation, those men who would attempt in this common asylum, to 
introduce those horrors which were the curse of every land that had 
the misfortune to endure it. What would be the consequences if on 
every 12th of July, they were unable to keep down the feelings of those 
adopted people of Ireland. It was preparing for this country a wide 
source of evil which ought to be at once checked, and would contend 
that it was illegal if it were done with any purpose calculated to com- 
mit a breach of the peace; it would not be denied that the Orange insti- 
tution had about it the signification of taunts and insult; its very walk 
was characterized by scoffs ; its tendency went to hurt the feelings of 
the Roman CathoUcs ; but he would stand on the broad basis of the prin- 
ciples of their country's constitution, and say it ought to be put down. 
The noxious weed was spreading over the fair flower garden of our 
land, and it should be rooted out. It was all very true that gunpowder 
and swords were in themselves very harmless things ; but there were 
other views to be taken of the disease that had set in — and which 
would, in time, destroy the constitution without the timely application 
of a wholesome remedy. A libel against an individual, published in any 
of the newspapers of Philadelphia \vas punishable, inasmuch as it led 
to a breach of the peace, and to derange public order; and he would 
ask, was not that worse than a libel ? would the jury punish a man for 
writing a column of a newspaper, and not punish the defendants ; — going 
more closely to the case, he would state a late decision of the Supreme 
Court. It had been usual on a St. Patrick's Day, to put up a '' Paddy," 



92 

and in consequence of that circumstance having a tendency to create a 
breach of the peace, it was decided by that court to be indictable to do 
so. What better instance could be given to prove the necessity which 
existed in the present case. Kicking footballs in the public streets was 
indictable; and was the libel in a newspaper, the paddy, or the football, 
equal to Orangeism, which had been established upwards of a century, 
and owed its origin to the degradation of a certain class of men. Evans 
and the three other defendants were originally and primarily the agres- 
sors ; they were thus traced to the first act of aggression, and it would 
not square with law or morals to punish those who happened to get into 
a squabble afterwards, and permit the original promoters of it go scot 
free ; a feeble efibrt had been made to keep from the minds of the jury 
the circumstances which took place at the corner of Fourth and Ches- 
nut streets. 

Albright had declined to serve them at the Hall, and the person who 
took his place met them at the corner, and rushing out of the ranks 
struck that officer of justice. Smith stated that the person who so struck 
Albright, was in the procession. M'Carron, though not equipped with 
a sword, with a contumacious feeling, and by stuffing a piece of orange 
riband under the noses of his Catholic fellow citizens, clearly evinced 
the tone and temper of his party. Such wicked intentions, promoting 
riot and bloodshed, should not be the design of a Protestant celebration. 
It had been done to tempt the others — to tempt them to an act of 
illegality, and then to punish them for it. M'Carron, though not a very 
wise man, well knew that an Irish Roman Catholic would be moved and 
tempted by that symbol of enmity and oppression, to commit such act. 
In the Hall, those Protestants of the city and county of Philadel- 
phia were visited by their chief magistrate ; he went there in the spirit 
of peace — he remonstrated with them and told them to disperse singly, 
before they roused that lion which could be no longer restrained; they 
promised to do so — it was preposterous to suppose they could not have 
done so, for many did go unmolested. Some of them, indeed, said they 
could not go because they were known by the crowd; but that was a mere 
pretext to afford them an opportunity of breaking the peace ; they pro- 
mised the mayor they would leave the Hall in three-quarters of an hour; 
he told them he would be there — they knew it, and went before that 
time, because it was inconsistent with their design, and with Orangeism, 
to put themselves under the observation of the law. That compact 
body of men, with their swords, considered themselves sufficiently strong 
without the assistance of the officers of justice. When the procession 
went out with Evans at their head, M'Carron went up to one of them, 
clapped him on the back, and waived his ribands; but the jury were 
told, indeed, that M'Carron did not belong to them at all ; they were 
also told they had no badges on — but one person might see them and 
others not. Bokum had sworn Elliott had his badge and sword on, 
and that was after he came out of the Hall ; Willis H. Blaney had 
sworn one man in the procession had hurraed for king William, and he 
was an irreproachable public officer, in whom the jury might rely ; and 
forsooth, Mr. Blaney was not to be believed because no one else heard 



93 

it. He (Mr. D.) cared not for hurraing for a king, unless on an election 
ground, and then, indeed, he would like to have a fair fight lor it; but 
that hurra was in character with the purpose of the society: as king 
William had enslaved the Roman Catholics, they would be more than 
men if they Avould bear it; if they wished to avoid insult and collision, 
they would not have gone out in a body — but they wanted to fight; 
meek or quiet men would not have acted as they had done — their con- 
duct appeared more like that of butchers, according to the expression 
of one of the witnesses. It was singular how his learned friend, Mr. 
IngersoU, could speak in such beautiful imagery of that bloody scene ; 
there was not an Orangeman who suffered in any way — not a single 
wound w\as to be seen on Elliott ; the opposite counsel dwelt consider- 
ably on the bloody transaction, but his clients were the only persons 
who had lost blood. Flanagan was nearly cut to pieces, though he did 
not altogether walk without his head ; and all that, he supposed, had 
been done by the ruffian mob ! as they had been called. It was said 
the swords had been brought there ybr effect — he hoped their produc- 
tion would be attended ivith effect; the proof that blood had been spilt 
was on their blades, and would admit they were exhibited for an honest 
effect. The rasp which Reilly had, and the muffled gun, were dread- 
fully spoken of, but the swords were nothing ! and a shoemaker's awl 
— all — let them all have their legitimate etiect ; the sword with the 
horn scabbard, which was worn by the marshal of the day, was blood 
from hilt to point — that sword when seen in the procession was bright, 
but it was now rusty ; — so it should, for it had shed the blood of citi- 
zens ; it was said it was not the sword of any one in the procession, but 
Mr. Cash swore he saw it. Elliott's sword had been identified by Cash. 
Nelson swore that Elliott denied he had a sword to the officer who af- 
terwards found it. They had been called the " Spartan band," and 
Evans, at the corner of Pine street, of course was the Leonidas at the 
pass of Thermopylae braving the dangers of his country! he swore that 
when there, one of the crowd took hold of his sword at the same time 
he was throwing the brick, by which circumstance he was saved ; but 
that " out-herod's Herod," and by far surpassed the exploits of Leoni- 
das ; he even beat Hugh Flanagan who told his story like an Irishman, 
straight forward, and stumbled when he could not help it. j\Ir. Brown 
had likened Hugh Flanagan to Curtius, who leaped the gulf; he (Mr. 
Dallas) acknowledged he did not see much resemblance between Cur- 
tius and Hugh Flanagan, unless he had ever leaped into the hole in Dock 
street. He was also a Cataline, in Mr. IngersoU's opinion, marking out 
the people for destruction ; and though Hugh Flanagan acknowledged 
he was a little through other, he could claim the honour of having been 
identified with Curtius and Cataline : a person at the corner of Fifth and 
Pine streets, had been also likened to a character whom Mr. Brown 
had often laughed at — he meant old Jack Falstaff — but thought that 
the captain, who was there on that occasion, far more resembled that 
personage, " Here have I with my sword driven to the rout ten men in 
buckram;" they had been gravely told by the first counsel, that the 
procession had gone to church to the domus ciei; they did not always 



94 

hear sound doctrine in church, and it sometimes happened that the per- 
sons presiding there forgot the purposes for which those places were 
intended ; they went there for tiie purpose of hearing a repetition of 
that inflammatory address, which they had heard from Saunders; to 
hear Catholicity denounced, and therefore the juryman had asked how 
it was appropriate, to have their sworn hatred to their fellow Irishmen 
kept alive by an exhortation from the pulpit. The learned counsel who 
opened their case had told them it was right for those men to take 
measures to prevent the downfall of their faith. Where was the down- 
fall to come from'? the jury were told that swarms of Jesuits were over- 
running the land ; hut every tongue in the country could contradict that 
fact. Their blood, however, was to be kept hot by that address from the 
pulpit; for it was all in the spirit of their society. They were also told that 
whether Sunday School Union or Catholic supremacy it was to be put 
down. But supposing it to occur that the Roman Catholic religion, by 
persuasion and conviction gained the hearts of the community, and 
against which casualty there was no law — who could or should put it 
down. He considered the fate of the defendants inevitable, it could not 
he expected that in the examination of fifty or sixty witnesses there 
would not be some variation, or contradiction ; the confusion and terror 
of the scene ail contributed to impress them differently with the same 
facts, and all were liable to mistake. Even Mr. Brown had mistaken 
the fact relative to the fight ®n board the Niagara ; it happened that it 
was a Roman Catholic who was killed, of the name of Michael Malone. 
It was proved that the riot first commenced by M'Carron foisting the 
riband under the noses of the people ; and it was to be viewed as a pro- 
miscuous crowd, with CathoHcs and Orangemen amongst them, going 
from one side of the street to the other. 

[Court adjourned.] 

Saturday morning. 

Resumed. In the effort to bring back to their recollection the evi- 
dence of the case respecting that part of it which happened below the 
Hall, at Pine street, he (Mr. Dallas) would ask how, why, and when, 
that general and indiscriminate attack, which constituted the riot, and 
said to have been committed by his clients, did happen or take place, if 
it took place at all. In a crowd so numerous, a detached throwing of 
a brickbat, or an expression, though difficult to be so accurately ascer- 
tained as to fix it as a particular act against a particular person ; yet if 
such act were proved against any particular person or persons without 
provocation, the jury would convict them. That the procession was at- 
tacked by the crowd, he (Mr. Dallas) would not deny ; but with refer- 
ence to the general attack, six witnesses, perfectly irreproachable, 
whose evidence could not be shaken by all the ingenuity of counsel, 
though they might have dilfcred in trifles, proved generally, that no 
overt act on the part of the Roman Catholics occurred until after the 
drawing of the swords. It could not be maintained that his clients had 
been actuated by any preconcerted plan to carry on that outrage, for 
the generality of them swore they had gone there from curiosity; they 
had not previously preconcerted, or assembled, arrayed, and armed them- 



95 

selves, as their opponents had done. The jury had been called on to 
believe Wright, but by his evidence he had impeached himself. His 
phrases indicated a biased prejudice of mind, that should disentitle him 
to credit from any sober jury; if the conflict commenced from the east 
side, was it not natural ? Evans at the head of them, drew his sword, 
with a flourish. Was it not reasonable for them to anticipate an at- 
tack from men whom they knew to be their sworn enemies, arid who 
considered them as outcasts, and incapable of moral excellence? the 
drawing and waiving of those swords in that menacing manner, even 
beyond striking distance, was an assault, and others had a right to repel it 
immediately. It was calculated to impress every one of them with 
danger, and consequently, it was cause of terror. They were told that 
a shillelah was worth twenty swords, and that Neal Harkans' axe 
handle had done more danger than the weapons ; but it had not appear- 
ed so ; it did not seem that bricks and coals, said to have been thrown, 
had left so many scars as the swords. A sword in the hand of a man 
who knew how to use it, was a formidable engine. It was said they had 
only eight swords, and that the captain, without ever using his sword, 
had put to flight five hundred. All disappeared before him. Enough 
had been shown to prove that the only evidence of bloody instrumen- 
tality was furnished by those swords. They had been reproached for not 
examining their clients. They had produced the evidence of six irre- 
proachable witnesses; the jury might certainly disbelieve them if they 
thought fit, for they were not obliged to pin their faith on the testimony 
of five hundred unless they were satisfied. They [opposite counsel] had 
also complained that two witnesses on their cross-examination had re- 
fused to answer, but hoped they would be put on the same footing as 
Britton Evans. Why did the Protestants not examine Carrick and 
M'Carron, the last of whom was the pivot on which the transaction turned, 
and if examined, could explain something about the piece of riband, and 
the patting on the back. He would retort, and ask, why not examine the 
orator of the 12th of July I and why not him who celebrated, according 
to M'Masters, the anniversary of the Baptist Church, to explain his ora- 
tion. They did not venture to call the Mayor, for they feared he would 
throw a light upon their conduct, respecting the time of dispersing, and 
it remained for them to produce that oflicer. They had heard much 
from Mr. IngersoU, against Blancy, and of the omnipotence of the law; 
but the jury had full proof of it having been despised in the persons of 
Albright and Cash; also both of whom, with Blaney, had been knocked 
down. The account read by Mr. Sampson of the murder in Scotland 
also showed the omnipotence of the law. How did the persons of the 
procession treat it? They made promises to the Mayor, and broke them. 
According to the sound judgment of the Mayor, the unnecessary inter- 
ference of the police would have been likely to create a riot. A few 
men dressed in a httle brief authority, interfering unnecessarily amongst 
not only Irishmen, but Americans, would create a riot. Mount and 
Schooly were entitled to their aquittal; and respecting the others it was 
equally due in candour to say, unless the jury believed that they acted 
under the dread of an attack from Evans and his parly, the weight of 



9G 

evidence was against them, and vice versa — when they perceived 
swords in the hands of their decided enemies they were not to stand still 
until they were deposited in their breasts. Their guilt if it existed, 
was far from proving the innocence of Evans and the others. As to 
Evans, he was the first from the beginning to the end, from Rickman's, 
on the 3d of June, to the present. With reference to the whole design, 
the contriver and promoter of the entire evil ; and by his own narrative, 
the prime actor, and the mischievous leader of the whole strife ; he was 
a justice o( the peace concerting war, and had prostituted the national 
cockade of the United States. He would ask the jury, if they would, 
under the circumstances of his guilt, lay hands on poor, ignorant, exas- 
perated Irishmen ; and let the master spirit, though an American, 
escape 1 Every one who understood the spirit, and breathed the air of 
this free and happy land, knew that there was no difference here between 
Protestant and Catholic; and should not a justice of the peace, who 
ought to know the law, be visited with punishment, rather than those 
who were only eight or ten months in the country, not knowing the law? 
He that knowingly offended the law was doubly deserving of reproba- 
tion. He who concocted, arranged, presided, and managed that meet- 
ing, and provided them with swords, — if he be not an object of special 
condemnation, he did not know who was. Those unfortunate men, new- 
ly come from Ireland, were received and welcomed ; they were poor 
and uninfluential, without friends or power, and came here in search of 
bread as well as hberty. From them there could be no apprehension ; 
but the jury would say, by their verdict, that an American justice of the 
peace, with all the influence of his office, who headed those men, and 
put intruments of terror into their hands, should not do so with impunity. 
What had he to do with vowing an oath of hatred to the Catholics, and 
joining in taunting and reviling them? Mr. Kennedy had, in candour, 
stated it to be dangerous and bad. If the Protestants wished to cele- 
brate their religious anniversary, they should fix on a time when the 
association of other circumstances would not wound the angered feel- 
ings of their Roman Catholic fellow-citizens. The jury should seize the 
opportunity that then presented itself, of crushing that spirit in its source, 
before the evil that it portrayed would be accomplished. It would 
be then too late, and all would be irremediable. They should pass a 
censure on the ungenerous and malignant feelings, which marked the 
character of the persons then on trial, belonging to that procession — they 
held the happiness of society, and the peace of this city at their disposal 
— they were called and empanneled by their country, and had to 
answer to their God, — they were to regard the safety of the future by 
their experience of the past. The taunting parade of that body should 
be prohibited, or their streets would present scenes of bloodshed. The 
beautiful and brilliant efiect imparted by the eloquence of Mr. IngersoU, 
to that procession, was as fallacious as the dazzle of a fairy tale. Mus- 
kets, swords, and cannon, truly, were harmless in themselves, and so 
likewise were the combinations of persons with a good design ; but as- 
sociations expressly formed in enmity and hatred, and founded to perpetu- 
ate intolerance, humiliation and proscription, were alike disgraceful to 



97 

those connected with them, as injurious to tlie well bein^ of society, and 
contrary to the true spirit of the constitution under which we lived. It 
was a lurking poison, insinuating its bane into every portion of the com- 
munity; nurturing by its example the growth of intolerance, and blast- 
ing all the fair efforts of a good government in Ibe promotion of charity 
and brotherly love. With those observations he [Mr. Dallas] would con- 
fide in the jury, as good citizens of the commonwealth, to bend their 
minds to the consideration of those means that would insure the pre- 
servation of that peace, which was dearer to them than any secret society 
in existence. 



Recorder's Charge. The period having arrived, when the develop- 
ment of circumstances had enabled the Court to form a conclusion; it was 
approached with the conviction, that whether those circumstances were 
good or bad, their effect would be long felt by the community. In its 
anticipation, it was, however, congratulatory to the Court, to know that, 
notwithstanding the dithculties which had presented themselves, the la- 
bours w^hich had to be encountered, and the wide expanse that had to 
be explored, they w^ere all happily attained by the powerful aid of an 
impartial jury, and the untiring efforts and eloquence of able counsel. 

Their bar had not only rendered its quota of talent, but a venerable 
person from a sister city, acquainted so closely with such subjects, had 
contributed the A'aluable assistance of his powerful mind and great ex- 
perience, to aid them in healing the wounds and quieting the feelings of 
the contending parties. 

Under those favourable circumstances had the trial been entered 
upon, and the time had then arrived when the remaining duty of the 
Court had to be perforrned. 

It was a notorious fact, that on the 12th of July, last, in the open day, 
in the streets of Philadelphia, a violent and atrocious riot had taken 
place, marked with confusion, terror, and bloodshed, constituting a dis- 
turbance against the peace of this happy land, and in which the sove- 
reign authority of the law had been trampled on by an infuriated mob; 
the cause from which it originated, was to be traced to deeply rooted 
passions and prejudices, forming in the bosom of our community a ter- 
rific volcano of long cherished hatred, whose eruption none could fore- 
see. A riband or a tune attached to those feelings, might at any time 
consummate that dreadful effect: and unless by a timely intervention in 
discouraging that cause, society might but too late regret the delicacy 
of interference. It was under those circumstances the Court felt the 
great responsibility which was sliared with them in common with the 
jury; but it felt that, notwithstanding, how alien the subject might be 
supposed to be, it would be relieved and discharged in the eyes of society 
by a free, fearless, and impartial decision on the law and facts of the 
case; and by disregarding persons or parties, would be guided by that 
polar star which would doubtless lead them in safety to the result, taking 

13 



98 

care to avoid any interference with the jury, further tlian regarded a 
clear and comprehensive apphcation of the law to those facts. Although 
contradictions liad occurred in the testimony of a great number of wit- 
nesses, yet, on the point at issue, the broad feature and general outline 
of the case had been ascertained beyond a doubt. 

On the 3d and 10th of June, last, two several meetings had been held 
at a tavern in the city, by persons professing to be Protestants, for the 
purpose of arranging the celebration of what they called the deliverance 
of Protestantism, obtained at the battle of the Boyne. An assemblage 
resulted, which convened at La Grange garden, to carry it into effect. 
An address was there delivered to them, but its nature had not been 
exhibited. The procession was organized by Britton Evans, a defendant 
in one of the prosecutions, who took upon himself the office of command- 
ing, providing them with swords and badges, and appointing subordinate 
officers. They then went to church, and there had delivered to them, 
by the Rev. Mr. Ashton, what had been styled an appropriate sermon ; 
a collection was made, and a blessing pronounced. The Court could have 
wished that it had ended at the door of that church; the blessing would 
have been the most appropriate termination. The procession reorgan- 
ized, and took a circuitous route, embracing the north part of the city, 
and ultimately reached the Hall. 

Here he would make a few remarks on the nature and character of 
that procession, and the manner in which it was conducted. As Protest- 
ant, the Court would not hesitate to say that the spirit in which it had 
been got up, was not in the true spirit of Protestantism, nor should such 
be encouraged in a country like theirs; it betrayed an intolerant con- 
traction of mind, to pretend the fear of Popery; to suppose the necessity 
of a great religious celebration being provided with swords, was pre- 
posterous. The most favourable view with which charity would regard 
it was, the graiification of personal vanity; vanity, folly, bigotry, or in- 
tolerance, were not of themselves indictable, other matters should be 
shown to mingle with them in order to render them punishable. The 
procession advanced from the church to the Hall, where they had din- 
ner, toasting, and drinking. They left the Hall in procession, and were dis- 
persed at the corner of Fifth and Pine streets. From the time the proces- 
sion left the churcli, to the time they arrived at Pine street, and during 
that continuance, they were accompanied by men who had taken on 
themselves to be oflended at the procession, and showed an inclination, 
by their conduct, to interrupt it. O'Reynolds, at the church, had made 
an expression of hoslililv. The same sort of people followed them to 
the Odd Fellows' Hall. The conclusion the Court would draw was, that 
from the time the procession went to the church, until they were dis- 
persed in Pine street, there was a general riot, in which both sides took 
part; and here they (the jury) would consider those acts which involved 
the respective parties in a participation in that riot, and how far those 
parties were identified with the acts that constituted it. The Court would' 
consider the indictments separately, and inquire, as regarded the parties 
in the one firsi before the Court, how they or any of them were liable. 
It was first to be ascertained if that assembly, during its continuance, weie 



99 

a lawful assembly, and if they were assembled for a lawful purpose. If 
tbe jury considered they were, and that tlicy were attacked, and when 
so, conlincd themselves to that resistance, so as not to become rioters, 
they were justified. The law which gave the right to assemble, required 
persons to assemble peaceably, but no persons should exercise that right 
by interfering with the peace of the coniniunity. If that assembly of 
men went in procession or assembled witli any intent to insult or wound 
the feelings, or call back any unpleasant recollections, or did any act to 
vilify, injure, or annoy any class of the community, it was an uidawful 
assembly, and the parties should take the consequences, as principals in 
that riot; if they, on that occasion, knowing that the minds of the other 
party were full of disagreeable recollections, adopted signals, badges, 
and music, or by word or deed, did any act to produce or call forth those 
disagreeable feelings against the Iloman Catholics, the j)art they took 
made tliem rioters, and subjected them lo conviction. If the jury were 
satisfied, by all the circumstances which attached to the parties before 
that day, as admitted and notorious, as well as derived from the best 
evidence, that the}'" had assembled unnecessarily — that they had selected 
the anniversary of the battle of the Boyne, a battle which represented 
the conquest of Roman Catholics by a Protestant king, which left the 
Catholic a serf — and that a great man}'- of that procession being Orange- 
men, they selected orange badges, which was the colour worn by Wil- 
liam, Prince of Orange, and worn to celebrate that society which had 
been supported by the government of England to keep the peoi)le in 
chains, and coupling that conquest with the badges, and those indivi- 
duals knowing the history of their country, and the nature of those em- 
blems — if (said the Recorder) the jury were satisfied that the defendants, 
or anyone of tiiem, knew that the course they pursued, and the emblems 
they displayed, were calculated to injure the feelings of theRoman Catho- 
lics, or render them uncomfortable, it was evidence to show the feel- 
ing and spirit of the assemblage, and go to prove it was purely calculated 
to recall disagreeable recollections. If so, every one on trial was a 
rioter, in the meaning of the act. Again: the next question on the 
Protestant side was, did those individuals, if first attacked, confine them- 
selves to such resistance as the law required 1 

Evans only had given any particular account of it; at Pine street he 
drew up his ten men to attack the mob, and finally succeeded in getting 
a retreat, but nothing had been said about Flanagan, who was so 
much injured; the jury, of course, must conclude that the men with 
the swords were the men who commenced the attack on Flanagan, and 
the other person who was wounded there — was there a necessity in that 
violent attack for their own preservation 1 If they went to wreak their 
vengeance thev were rioters. 

The court now approached the Catholics; in a single sentence, though 
the law and facts attributed to the others the cause of that violent at- 
tack, yet there was not a single thing to justify the conduct of the Catho- 
lics; any man of them who accompanied that j)roccssion with threats, 
as well as every individual present at the attack, while in the Hall, on 
the officer — or who, with missiles aided or abetted in any assault com- 



100 

mitted with a view of stopping the procession, they were guilty and 
could not escape ; the court had a feeling for them — they were welcome 
to these shores, and their value and services were appreciated, and every 
protection should be alForded them ; but the court gave them notice 
that whenever they took the laws in their own hands, they would be 
visited with the most decided condemnation. What was it to them if 
the Orangemen did walk in this free country? Why not laugh at them 
as at mountebanks, and not resort to violence and breach of the peace ? 
He would tell them, emphatically, that if they were obliged to seek pro- 
tection here from the bondage of another country, they were not to 
insult those laws which they expected would protect them. 

Those Catholics who had taken so active a part in that disturbance, 
were guilty in the eye of the law; it was then to be considered how 
many of that party were so. 

Amongst the Protestants, Evans stood foremost of any on his side, and 
was doubly guilty, for he was the manager and conductor of it. If the 
jury would decide against the Protestants, they would do a material 
service; they could not avoid finding them guilty; even though Evans 
were not guilty of riot, he was guilty of having abused his magisterial 
office; his vanity and folly, of such wicked and malicious tendency, was 
the cause of the riot. Carrick and Elliott were officers under him, and 
should take their share. M'Carron was a provoker and instigator, and 
participated in the riot as a disorderly citizen, aiding and contributing 
to a disturbance and breach of the peace. 

Of the Catholics, two might be released, Schooley and Mount, the 
latter of whom,onlyacknowledged he was there when in a state of intoxi- 
cation; as to Flanagan, he alleged he had gone there accidentally — that 
he took no part in it, and was cut down; if they believed that to be the 
fact, they would acquit him ; if, on the other hand, they believed that 
he took part in the disturbance, he was guilty ; the remaining thirteen 
were unquestionably guilty of the riot charged in the indictment. The 
great object of the court was, to have such occurrences stopped ; while 
the duty of the jury was to bring to justice every individual through 
whose means the riot was promoted, so that the commonwealth would 
be relieved from the apprehension of similar disgraceful scenes, by the 
adoption of such means as would prevent a repetition of them. Tt was 
to be hoped that the banks of the Delaware or Schuylkill would never 
be visited with those scenes which had taken place on the Boyne or the 
Shannon; but it would be infinitely more grateful to the court that a 
recurrence of those unhappy circumstances would be prevented by an 
appeal to their feelings, than by those means which would operate as 
compulsory. 

To the Protestants he would say, it was nearly time they had for- 
gotten those feelings which had impaired the condition of their own 
country ; let them look back through their own lives, and ask if much 
of those feelings were not engendered and promoted by an adherence 
to them ; this was not the country in which they should be cherished, 
and it was their duty, as good citizens, to avoid those emblems, and 
every thing that would ofTend the most delicate Roman Catholic. 



101 

To the Roman Catholics, they should reflect that they lived under a 
free government, and that Orangeism Was as harmless an institution 
here, as the serpent was without its sting; a mere phantom, an object 
of ridicule rather than terror ; and if the feelings he was anxious to 
impress on them, had their due weight, it would alFord the court infi- 
nitely more gratification than a conviction ; but he would give them 
notice again, that in all cases the law of the land, and the peace of the 
city, would be upheld, let the consequences be what they might ; and 
with those views the court would leave the matter to the jury. 

[The jury retired at twenty-five minutes past one o'clock, on Satur- 
day, October, 22, and at four o'clock ^f the same afternoon, returned 
their verdict] 

Verdict and sentences in first prosecution. 

Britton Evans, guilty — one hundred dollars fine, four months impri- 
sonment, and costs. 

Robert Elliott, James Carrick, and Andrew M'Carron, guilty — twenty 
dollars fine, one month imprisonment, and costs. 

Verdict and sentences in second "prosecution. 

Patrick Reilly, Patrick Brady, William O'Reynolds, and Neal Har- 
kan, guilty — five dollars fine, three months imprisonment, and costs. 

Hugh Flanagan, guilty — five dollars fine, two months imprisonment, 
and costs. 

Edward Devin, Patrick Lafferty, John M'Nally, Anthony M'Convill, 
James Dulfy, William Fox, Barney Browne, James Oliver, Francis 
Reilly, guilty — five dollars fine, one month imprisonment, and costs. 

Bryan Mount, guilty — five dollars fine, ten days imprisonment, and 
costs. 

Edmond Schoolcy, not guilty. 



INDICTMENT IN THE FIRST PROSECUTION. 

PhiladeJpliia, ss. 

The grand inquest of the Commonwealth of Pennsylvania, inquiring 
for the city of Philadelphia, upon their oaths and affirmations, respect- 
ively do present. That Britton Evans, late of the city, aforesaid, yeo- 
man; James Carrick, late of the city, aforesaid, yeoman; Robert El- 
liot, late of the city, aforesaid, yeoman; Patrick Rilcy, late of the city, 
aforesaid, yeoman; Patrick Lallerty, late of the city, aforesaid, yeoman; 
Edward Schooley, late of the city, aforesaid, yeoman ; Andrew M'Car- 
ron, late of the city, aforesaid, yeoman, and Neil Ilarkan, late of the 
city, aforesaid, yeoman, together with divers other persons, to the jurors 
aforesaid unknown, on the first day of September, in the year of our 
Lord one thousand eight hundred and thirty-one, with force and arms, 
&c. at the city aforesaid, and within the jurisdiction of this court, un- 
lawfully, riotously and routously did assemble and gather together to 



102 

disturb the peace of the said commonwealth, and being so assembled and 
gathered together, did then and there, unlawfully, riotously, and rout- 
ously make a great noise, riot, and disturbance, to the great terror of 
the peaceable citizens of this commonwealth, there being and residing, 
and passing and repassing on the public highway, there, in contempt of 
the laws of this commonwealth, to the evil example of all others in the 
like case offending, and contrary to the peace and dignity of the com- 
monwealth of Pennsylvania. 

For the Attorney General, 

A. H. Richards. 
I hereby enter a Nolle Prosequi, as to Patrick Riley, Edward School- 
ey, Neil Harkan, Patrick Lafferty, four of the defendants in the within 
bill of indictment. 

A. H. Richards, Deputy Attorney General. 



INDICTMENT IN THE SECOND PROSECUTION. 

"Philadelphia, ss. 

The grand inquest of the commonwealth of Pennsylvania, upon their 
oaths and affirmations respectively, do present, that Patrick Riley, late 
of the said city, j'^eoman; Patrick Lafferty, late of the said city, yeo- 
man; Edmond Schooley, late of the said city, yeoman; Neal Harkan, 
late of the said city, yeoman ; Edward Devin, late of the said city, 
yeoman ; fVilliam O' Reynolds, late of the said city, yeoman ; Bryan 
Mount, late of the said city, yeoman ; John M'- Anally, late of the said 
city, yeoman; Anthony M'-Convill, late of the said city .yeoman; James 
Duffy, late of the said city, yeoman : William Fox, late of the said 
city, yeoman; Barney Brown, late of the said city, yeoman; James 
Oliver, late of the said city, yeoman ; Francis Riley, late of the said 
city, yeoman; Patrick Brady, late of the said city, yeoman; Hugh 
Flanagan, late of the said city, yeoman; and Patrick Fagan^ late of 
the said city, yeoman ; together with divers other evil disposed persons, 
to the number of ten or more, to the jurors aforesaid unknown, on the 
twelfth day of July, in the year of our Lord one thousand eight hundred 
and thirty-one, with force and arms, and so forth, at the city aforesaid, 
and within the jurisdiction of this Court, unlawfully, riotously, and rout- 
ously did assemble and gather together, to disturb the peace of the 
said commonwealth, and being so then and there assembled and gathered 
together, in and upon one Robert Elliott, Thomas Condy, Oliver Carson, 
Nicholas Hare, Joseph Stuart, Francis Short, George M'Connell, Mat- 
thew Murray, Britton Evans, John Maynes, James Carrick, and John 
M'Masters, in the peace of God and of the said commonwealth, then and 
there being, unlawfully, riotously, and routously did make an assault, and 
then the said Robert Elliott, Thomas Condy, Oliver Carson, Nicholas 
Hare, Joseph Stuart, Francis Short, George M'Connell, Mfltthcw Mur- 
ray, Britton Evans, John Maynes, James Carrick, and John M'Masters, 
in the peace of God and of the said commonwealth, then and there being 



103 

unlawfully, riotously, and routously, did make an assault, and tlicn the 
said Robert Elliott, Thomas Condy, Oliver Carson, Nicholas Hare, Jo- 
seph Stewart, Francis Short, George M'Connell, Matthew Murray, Brit- 
ton Evans, John Maynes, James Carrick, and John M'Masters, then and 
there unlawfully, riotously, and routously, did beat, wound, and ill treat, 
so that their lives were greatly despaired of, and other wrongs, to the 
said Robert Elliott, Thomas Condy, Oliver Carson, Nicholas Hare, Jo- 
seph Stewart, Francis Short, George M'Connell, Matthew Murray, Brit- 
ton Evans, John Maynes, James Carrick, and John M'lNIasters, then and 
there unlawfully, riotously, and routously, did, in contempt of the said 
commonwealth and of the laws thereof, to the evil example of all others 
in like case olfending, and against the peace of the said commonwealth 
and its dignity. 

And the inquest aforesaid, upon their oaths and afllrmations aforesaid, 
do further present, that the said Patrick Riley, Patric'c Lafferty, Ed- 
viond Schooky, Neal Flarkun, Edward TJevin, JViltiam & Rey- 
nolds, Bryan Mount, John M' Anally, Anthony M'Cofivill, James 
Dujfy, William Fox, Barney Brown, James Oliver, Francis Riley, 
Patrick Brady, and Hugh Flanagan, afterwards, to wit, on the day 
and year last aforesaid, at the city aforesaid, and within the jurisdic- 
tion of this Court, with force and arms, and so forth, unlawfully, riot- 
ously, and routously did assemble and gather together, to disturb the 
peace of the said commonwealth: and being so tlien and there assem- 
bled and gathered together, in and upon one Robert Elliott, in the 
peace of God and of the said commonwealth, then and there being, un- 
lawfully, riotously, and routously did make an assault, and him, the said 
Robert Elliott, then and there unlawfully, riotously, and routously, did 
beat, wound, and ill treat, so that his life was greatly despaired of, and 
other wrongs, to the said Robert Elliott, then and there unlawfully, 
riotously, and routously did, in contempt of the said commonwealth and 
the laws thereof, to the evil example of all others in the like case offend- 
ing, and against the peace of the said commonwealth and its dignity. 

And the inquest aforesaid, upon their oaths and affirmations aforesaid, 
do further present, that the said Patrick Riley, Patrick LaiFerty, Ed- 
mond Schooley, Neal Ilarkan, Edward IJevin, William O'Reynolds, 
Bryant Mount, John M' Anally, Anthony M'Convill, James Dully, Wil- 
liam Fox, Barney Brown, James Oliver, Francis Riley, Patrick Brady, 
and Hugh Flanagan, afterwards, to wit, on the day and year aforesaid, 
at the city aforesaid, and within the jurisdiction of this Court, with force 
and arms, in and upon Robert Elliott, Thomas Condy, Oliver Carson, 
Nicholas Hare, Joseph Stuart, Francis Short, George M'Connell, Mat- 
thew Murray, Britton Evans, John Maynes, James Carrick, and John 
M'Masters, in the peace of God and of the said commonwealth, then and 
there being, did make an assault, and them, the said Robert Elliott, 
Thomas Condy, Oliver Carson, Nicholas Hare, Joseph Stuart, Francis 
Short, George M'Connell, Matthew Murray, Britton Evans, John 
Maynes, James Carrick, and John M'Masters, then and there did beat, 
wound, and ill treat, and other wrongs, to the said Robert Elliot, Thomas 
Condy, Oliver Carson, Nicholas Hare, Joseph Stewart, Francis Short, 



104 

George M'Connell, Matthew Murray, Britton Evans, John Maynes, 
James Carrick, and John M'Masters, then and there did, to the great 
damage of the said Robert Elliott, Thomas Condy, Oliver Carson, Nicho- 
las Hare, Joseph Stuart, Francis Short, George M'Connell, Matthew 
Murray, Britton Evans, John Maynes, James Carrick, and John M'Mas- 
ters, and against the peace of the commonwealth and its dignity. 
For the Attorney General, 

A. H. Richards. 



Thus terminated a trial which occupied the court for nearly nine 
days, and which probably created more interest and excitement than 
any public investigation for many years. To Americans, as well as 
Irishmen, the result was a matter of consideration, as a question which 
may at any time be applicable to their rival institutions. The object of 
the publisher has, however, been accomplished by producing to the public 
a faithful record of that trial, without comment or observation — leaving 
the community to the full indulgence of their opinions, on a subject 
about which, while there arc people in the world of different persua- 
sions, there will be different ideas. 

It is due to the several gentlemen of the Bar, to remark that much 
of that effect and elegance of expression which graced their speeches 
on that occasion, may be lost in the reading; but the reporter pledges 
himself, that in material, they are substantially correct. 



City of Philadeljihia, to wit: 

Henry Darley, of the city of Philadelphia, came before me, William 
Milnor, Esq. an alderman in and for the said city of Philadelphia, who 
being duly sworn on the Holy Evangelists, maketh oath, and saith, that 
the rcpert of the late Trial for Riot had at the late sessions of the 
Mayor's Court,, for the said city of Philadelphia, which arose out of a 
Protestant procession in said city, on the 12th day of July, last, is a true, 
faithful, and impartial Report of said Trial, taken by this deponent, 
during the progress of said trial, to the best of this deponent's judgment 
and abilities, and without prejudice to either or any party concerned in 
said trial. 

Henry Darley. 

Sworn and subscribed this 23d day of November, 1831. 

Before me, William Milnor, Alderman. 



Entered according to the act of Congress, in the jear 1831, by Henry Darley, in the Clerk's 
Office of the District Court, of the Eastern District of Tennsylvanin. 



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